Persuasion Principles for Trial Lawyers: Presenting Evidence Based on the Way Decisions are Really Made
Applying Scientific Findings About Decision Making to Gain a Litigation Advantage

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Tuesday, October 10, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will summarize some of the findings from social science about persuasion and how they might be put to good use by lawyers. The panel will offer strategies and techniques for synchronizing the various aspects of persuasion into cohesive presentations to put on the best case possible and make each lawyer a better advocate.
Faculty

Mr. Gautreaux is a personal injury trial lawyer. He represents people who have been seriously injured, as well as the families of people killed because of carelessness or negligence. His reputation for client focus and case success has led to other lawyers requesting his assistance with complex personal injury litigation. Mr. Gautreaux has been practicing personal injury law in Georgia since 2000. Prior to that, he was chosen as one of a select few as a Federal Law Clerk for a Federal Judge in the U.S. District Court for the Central District of Illinois. He has published numerous articles on trial practice, evidence, insurance, and civil procedure.

Ms. Brylo is the owner and lead litigation consultant at Trial Dynamics, a consulting firm dedicated to plaintiff’s civil and criminal defense litigation. She specializes in case framing, jury research, opening statement development, witness preparation, and jury selection. Over the past two decades, Ms. Brylo has spoken to thousands of jurors and conducted hundreds of mock trials, the results of which she uses to guide case strategy and framing on cases ranging from soft tissue injuries to 9-figure catastrophic injury cases and multi-billion dollar class-action lawsuits. She originally trained with one of the nation’s leading trial consultants, David Ball, Ph.D., and is one of a handful in the nation who has studied Arizona Project (1996) videos of real juries deliberating. Ms. Brylo has a JD and Masters in Psychology, both from Duke University, and is a board member of the American Society of Trial Consultants (ASTC). She specializes in cases involving personal injury, car wrecks, wrongful death, medical malpractice, product defect, premises liability, trucking litigation, medical negligence, civil rights, mass torts, and employment law.
Description
Despite spending a lot of time trying to persuade others, lawyers are usually not very good at it, partly because they really do not know what persuasion is or how it works. What passes for the principles or rules of persuasion are typically hunches, myths, and half-truths. Jurors, unbeknownst to attorneys, are sitting there asking themselves, “what’s in this for me?” even when the case has nothing to do with them. Looking at the case through those eyes, however, makes it easier to decide how to persuade them.
Social science has identified and verified some principles about how the mind actually works. By understanding the principles of persuasion and learning how to apply them, attorneys--especially trial attorneys--can appeal to that mindset and increase their persuasiveness.
Listen as this preeminent panel reviews some of the key findings about judgment and decision making and then offers strategies and guidance for using the findings of brain science in the practice of law.
Outline
- Findings about judgment and decision making
- Using the findings of behavioral science in the practice of law
Benefits
The panel will review these and other key issues:
- Is evidence the most important thing juries and judges take into account when making decisions?
- What are heuristics?
- What is the fundamental attribution error?
- What is defensive attribution?
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