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The Hidden Jury: And Other Secret Tactics Lawyers Use to Win [Paperback]

Paul M. Lisnek (Author)
3.2 out of 5 stars  See all reviews (5 customer reviews)

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Book Description

September 1, 2003
"The Hidden Jury couldn’t be more timely or more urgently needed."--from the introduction by Johnnie Cochran

Why do guilty defendants go free?
Why do juries award huge sums for ridiculous lawsuits?
Who really controls the verdict of a trial?

The most powerful people in today’s jury trials aren’t lawyers, judges, plaintiffs or defendants. Their names don’t even appear on the court record. Yet their presence and opinions shape the way that court cases are fought, and can even change the outcome of a trial. They are the hidden jury, the most influential new force in the American legal system.

For the first time, The Hidden Jury exposes the truth about mock juries and other tactics that lawyers and trial consultants use to mold a trial to their benefit. Drawing on experience gained from such high-profile cases as the O.J. Simpson trial, Whitewater and the Heidi Fleiss trial, leading trial consultant and jury expert Paul M. Lisnek reveals goes behind the scenes of the American justice system to reveal:
--How lawyers get the juries they need to win
--The mock trials that really decide the fate of the verdict
--The trial services wealthy clients can afford to buy

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Editorial Reviews

About the Author

Paul M. Lisnek is one of the most sought after and respected lecturers on the continuing legal education and corporate circuits today. He is Co-Founder of Decision Analysis, a leading trial consulting firm which has worked in the Whitewater, O.J. Simpson and Heidi Fleiss cases, among many other complex and multi-party litigation matters. He brings an extensive background as a communications expert, trial lawyer, educator, author, and trial consultant. Formerly the assistant dean of Loyola Law School in Chicago, Paul has been the jury expert for NBC News, appearing regularly on NBC, CNBC, MSNBC, and Court TV. He has been featured on numerous national television shows, including The Today Show, Nightly News with Tom Brokaw, Rivera Live, and Court TV’s Cochran and Company. Lisnek was host and associate producer of an award winning Chicago area cable television newsmagazine for more than a decade. He currently anchors Political Update seen in Chicago. Lisnek holds a Ph.D. in speech communication in addition to his law degree, both from the University of Illinois.

Lisnek served two terms as president of the American Society of Trial Consultants, has served on the faculty of NITA and is Executive Director for BAR/BRI–NILE, the nation’s leading law school preparation program. He is a commissioner and inquiry panel chairperson of the Illinois Attorney Disciplinary Commission, an Illinois Supreme Court appointment. He has several years experience as an arbitrator and mediator.

A recognized expert in litigation skills, Lisnek has authored several articles and ten books, including THE COMPLETE LITIGATOR, DEPOSITIONS: PROCEDURE, STRATEGY AND TECHNIQUE, A LAWYER’S GUIDE TO EFFECTIVE NEGOTIATION AND MEDIATION, and LAWYER’S HANDBOOK FOR INTERVIEWING AND COUNSELING, among others. PRACTICE MADE PERFECT is a collection of articles on lawyering skills which appeared nationally. His books for the general public include, QUALITY MIND, QUALITY LIFE: ACHIEVING PERSONAL BALANCE, and WINNING THE MIND GAME: NEGOTIATING IN BUSINESS AND LIFE, all available in bookstores. His most recent work is COURTROOM POWER.

Dr. Lisnek tours nationally as a public CLE speaker, presents tailored training programs to in-house law firms across the country, and consults on various cases nationwide.


Product Details

  • Paperback: 336 pages
  • Publisher: Sourcebooks, Inc. (September 1, 2003)
  • Language: English
  • ISBN-10: 1570719489
  • ISBN-13: 978-1570719486
  • Product Dimensions: 8.9 x 6 x 0.9 inches
  • Shipping Weight: 1.1 pounds (View shipping rates and policies)
  • Average Customer Review: 3.2 out of 5 stars  See all reviews (5 customer reviews)
  • Amazon Best Sellers Rank: #991,810 in Books (See Top 100 in Books)

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Customer Reviews

5 Reviews
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Average Customer Review
3.2 out of 5 stars (5 customer reviews)
 
 
 
 
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9 of 11 people found the following review helpful:
5.0 out of 5 stars Excellent Legal Book Even for Non-lawyers, October 30, 2003
By A Customer
This review is from: The Hidden Jury: And Other Secret Tactics Lawyers Use to Win (Paperback)
I'm not ordinarily a big fan of legal books, but I strongly recommend this one. I walked away with an in-depth knowledge of what goes on behind the scenes in the life of a jury consultant. Lisnek sprinkles his book with enticing stories of what happened with real life normal cases, as well as famous trials such as the O.J. Simpson trial, Heidi Fleiss trial and Whitewater. It's amazing, and sometimes unsettling, to see how the prepartory work can influence the outcome of a trial. Nevertheless, it is not sneaky or underhanded, but extensive research, hard work and common sense. Lisnek is a decent and intelligent man. He recognizes the importance of understanding human nature, and the powerful impact of perception with potential and real jurors. It's a refreshing and unusual look at the jury system from someone who knows it inside and out. Even if you are remotely interested in law, you would enjoy this book. And, if you need to go to court, make absolutely sure your lawyer has a copy. A terrific read!
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6 of 7 people found the following review helpful:
5.0 out of 5 stars The real workings of power within the courtroom, November 6, 2003
This review is from: The Hidden Jury: And Other Secret Tactics Lawyers Use to Win (Paperback)
The Hidden Jury by trial lawyer, educator, author, trial consultant and communications expert Paul M. Lisnek is a fact- and advice-filled expose of how the American court system truly works, with all its virtues and pitfalls. From mock trials that have a disproportionate impact on the final verdict; to the trial services that only the wealthiest clients can afford; to techniques used by lawyers to present their case and sway observers' minds as forcefully as possible; to the real workings of power within the courtroom, The Hidden Jury is very strongly recommended reading for anyone involved in, or pursuing a career with, the American criminal or civil legal system today.
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10 of 13 people found the following review helpful:
1.0 out of 5 stars Disappointed reader, December 28, 2004
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This review is from: The Hidden Jury: And Other Secret Tactics Lawyers Use to Win (Paperback)
Very disappointed in this title, which would have benefited from greater editorial oversight, including substantial redaction and re-writing. While the book contains a promising organizational structure, the text is wordy. One has to wade through paragraphs that are are redundant or void of specific meaning in order to glean the author's point. I don't think the author is purposefully padding, but half of the book could have been cut without harm done.

The author's constant use of anecdote is frustrating. His point seems to be that his personal experience is instructive of the what happens before and during jury trials at large. While that may be the case, he doesn't persuade me of that.

I am not sure I would agree with his logical argument either. His premise is shaky, and I found myself unpersuaded that the use of jury consultancy services is either sincere or honest. Instead, it appears to be merely another weapon in the arsenal of persuasion -- a weapon that takes advantage of jurors' fallibities -- and eschews an understanding of the higher purpose of judgement by jury.

The assumption is that jurors come in with biases. Naturally, we all have them. But instead of asking jurors to put aside these biases to the extent possible, the author would rather play to their biases and exploit them since no one, as he states, can possibly be objective. Why? Because no one can have sufficient knowledge of all facts and potentialities to allow objectivity (the "God" theory, one might call it). (Is this true? Can no one recognize and put aside for the moment, in the judgement of others, those ideas and values they hold dearest?)

Contradictorily, he also claims that community research conducted by jury consultants, such as he is, is objectively believable, even if limited to phone interviews with as few as 50 targets. One simply can't have it both ways.

Well, what of the biases of the jury researchers? If jury research can be made "objective," or nearly so, then surely jurors surely can be asked to put aside whatever bias they may have for the length of the jury trial. This is the logical failure of Mr. Lisnek's argument, one that detracts from the overall effectiveness of the book.
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Inside This Book (learn more)
First Sentence:
"We, the jury, find the defendant guilty of the crime of murder in the first degree." Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
community attitude survey, hidden jury, trial consultants, juror profile, jury consultant, juror questionnaire, mock jurors, jury research, real jury, actual jury, case theme, jury selection, mock jury
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Best Quit, Johnnie Cochran, Catholic Church, Los Angeles, Louise Woodward, Danny Deveening, Let's Kill All the Lawyers, World Trade Center, Match Made, Middle Eastern, Santa Monica, Cook County, Gil Garcetti, Harrisburg Seven, Heidi Fleiss, Richard Gabriel, Rodney King, Twelve Angry Men, World War, Angela Davis, Arthur Andersen, Danielle van Dam, David Westerfield, Jo-Ellan Dimitrius, John Walker
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