Publications

Women — and men, too — can win with ‘smart aggression’Never before had I heard jurors using a lawyer’s credibility as evidence. But by the end of the “lady lawyer” presentation in our jury research, surrogate jurors concluded that if the “lady lawyer”…

Fastest way to malpractice case? Don’t listenSurveys of public opinions about lawyers consistently show pretty depressing results. However, surveys and polls cannot possibly capture the depth and variations of people’s attitudes toward lawyer…

Why Americans are better jurors than votersI see American people at their best. I watch them discuss complex matters with patience and humor. I hear them expressing their views and reflecting on their biases. Most of the time, they listen c…

How to not dumb down your complicated caseAttorneys sometimes talk about “dumbing down” their case before presenting it to jurors. Certainly, many issues need to be explained in an orderly and simple way, and that process could be called “…

Other recent articles:

“They Should Have Known We Were Awful and Other Ways to Win Insurance Cases” March 2023 ABA Insurance Coverage Litigation Committee CLE Seminar
“Early Intervention in Litigation.” Mass Lawyers Weekly, February 2022
“Blindspot: Identifying and Interrupting Implicit Bias in the Courtroom and the Workplace.” Fidelity & Surety Law Mid-Winter Conference January 2020
“Coping With the Dearth of Data in Business Litigation”, co-authored with Wendy L. Hufford, The Legal Intelligencer, January 2015
"Picture Perfect”, Intellectual Property Today, November 2014
“Delving into Mock Trials and Jury Psychology”, ABA Construction Blog, July 2014

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