"Your proposition may be good, but let’s have one thing understood: Whatever it is, I’m against it. And even when you’ve changed it or condensed it—I’m against it!"

—Professor Wagstaff (Groucho Marx) in the 1932 movie Horse Feathers

Attorney John P. Blumberg’s new book, Persuasion Science for Trial Lawyers, published by Fastcase Full Court Press, “takes a fascinating new approach to examining why certain advocacy techniques do and don’t work to persuade trial juries,” writes Susan G. Poehls. Director of Trial Advocacy Programs and William C. Hobbs Professor of Trial Advocacy at Loyola Law School, Poehls calls it an eye-opening read, one that will run "counter to what many of us have been taught for decades."

John joins me to discuss his study of the science behind persuasion. He examines a number of important concepts for trial attorneys, such as how emotions overcome rational thought, and how mental fatigue interferes with how we receive information, leading us to take mental shortcuts rather than doing the hard work of critical thinking. He also writes about understanding the differences between liberal and conservative brains.

In addition to being an author, John is a board-certified trial attorney based in Long Beach, California. He handles both legal and medical malpractice litigation and is on American Board of Trial Advocates.

You will especially want to hear my contributions, such as what I know about the rule of threes. For example, a joke about a doctor, a lawyer, and a duck is much funnier than one about just a doctor and a lawyer. Unless, of course, at least one of them is a duck.

This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much you learned from John, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and Host of the Emerging Litigation Podcast

Persuasion Science for Trial Lawyers with John Blumberg