Trial lawyer anxiety has reached an all-time high, with lawyers and judges writing and worrying about the age of the vanishing jury trial. Despite this existential crisis, lawyers have had no better opportunity for creative advocacy than they do today.
Three developments stand out in particular. First, new scientific discoveries reveal the importance of emotions in decision-making for everybody — judges, jurors, arbitrators and everyone else — and these findings should change the way lawyers prepare their cases. Second, the revolution of digital information allows trial lawyers to empower their audiences more effectively than in the past. Third, the emerging fields of trial science and strategy give lawyers even further ability to tailor the presentation for successful advocacy.
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