Trial Lawyer Nation 100 – David Ball – Damages Evolving: Practicing Law in an Ever-Changing World
Feb 15, 2022
Legendary guest David Ball discusses his upcoming book 'Damages Evolving' on Trial Lawyer Nation. Topics include adapting trial strategies to societal changes, shaping juror perceptions, crafting engaging opening statements, unseen damages in legal cases, and the value of trial preparation resources.
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Create Jury Alignment Early
- Do build an 'alignment' in your opening by moving jurors one small belief at a time toward your view.
- Use that alignment to make subsequent evidence confirm what jurors already lean to believe.
Neuroscience Validates Sequenced Openings
- Neuroscience shows jurors continue to interpret new information to fit initial beliefs rather than primacy of memory.
- Sequence openings so small reinforcing points build a durable bias in jurors' minds.
Sequence Openings Into Clear Steps
- Do sequence your opening: a small event, who you're suing, why, then undermine expected defenses.
- After that sequence jurors will feel liability is essentially stipulated and be receptive to damages.