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Featured Speakers Share Key Takeaways on Trial Strategy Trends


IMS Client Services Advisor Adam Bloomberg and Senior Jury Consultant Keith Pounds, PhD were featured speakers at the virtual “Recent Developments and New Challenges in 2022 Trial Strategy” event hosted by The Knowledge Group. Below are key takeaways from this insightful presentation featuring co-panelist Maurice Suh of Gibson, Dunn & Crutcher LLP.

Hot-Button Topics Remain Relevant

These social and political issues are top-of-mind for today’s litigators:

  • #MeToo movement
  • Black Lives Matter (BLM)
  • Election conspiracies
  • Anti-corporate attitudes

Today’s jurors are polarized on many topics, and nuclear verdicts are more common. It’s crucial to recognize the role these issues might play in your trial and have a strategy to either distance your client from controversial subjects or, if they work for your case, to embrace them.

Virtual Is Here to Stay

Most attorneys are now comfortable with remote hearings, including the level of online security. Virtual will be an ongoing option for legal proceedings such as Daubert hearings and settlement conferences.

Across the board, domestic and international arbitrations will continue to be held online. The ability to virtually present multiple documents, exhibits, videos, and witness testimony makes this a smart choice to save on travel expenses and reduce your carbon footprint.

However, it is not always a given that a witness can testify remotely; there is a strategy to being in the courtroom compared to a virtual environment. Non-verbal cues are more difficult to detect through videoconference, so corporate representatives, fact witnesses who are not comfortable testifying, and experts with very complex subject matter should likely appear on-site, not online.

Engaging Case Presentations Are a Must

One thing that has not changed through the last three years is the need for presenting your case with concise case themes and compelling graphics. Across generations, jurors expect visual messaging to complement your argument. The ability to see your case facts and hear them explained in an engaging way reduces the chance of information overload and helps jurors process a large number of key details by allowing them to connect the verbal and visual dots.

To access the on-demand recording of this virtual presentation, visit The Knowledge Group website. Please contact the IMS team if you would like us to present a customized webinar to your firm.