Damages: Telling Your Story

Level: Advanced
Runtime: 91 minutes
Recorded Date: May 21, 2010
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This program was recorded in Oakland, CA on May 21, 2010.


Some of us aren't very comfortable talking about money. But the best attorneys in civil cases, particularly personal injury cases, know it's never too early to get jurors accustomed to the idea of seeing money as a way to value one's ability to work, or an arm, or a life. This program is for both plaintiff and defense attorneys who handle civil cases. It is designed to show that talking and teaching about damages must come not at the end of the trial, but throughout, and will offer concrete strategies and tips for doing so from three top jury consultants. They share their philosophy on how to make the best plaintiff and defense damages case possible.

This program was moderated by Susan Kostal and recorded in Oakland, CA on May 21, 2010.

Provided By


Rich Matthews

Senior Trial Consultant

Rich Matthews is senior trial consultant with Juryology, based in San Francisco. Rich splits his work between plaintiff and defense work. He helps counsel analyze their cases, to see what lay jurors are likely to focus their attention on, and frame their case accordingly. He teaches thematic messaging and communication strategy, and helps attorneys analyze not just individual jurors in jury selection, but how the group is likely to operate as a whole. He frequently provides expert commentary on major jury trials for Fox News, ABC, CBS, Court TV and national print media. He is a member of the State Bar of California and the American Society of Trial Consultants.


Richard Gabriel

Decision Analysis

Richard Gabriel is the president of Decision Analysis, based in Los Angeles. He is a leader in the field of jury research, jury selection, and litigation communication, having provided counsel in nearly 1,000 civil and criminal trials, including the O.J. Simpson, Heidi Fleiss, Phillip Spector, Enron Broadband, and Whitewater trials. He is the co-author of Jury Selection: Strategy and Science, published by Thompson-West Publication. He is the President of the American Society of Trial Consultants Foundation, which is currently funding a national study with the ABA on jury comprehension, juror satisfaction, and participation in trials. He is a former President of the American Society of Trial Consultants. Richard works primarily on the side of the defense, but does do plaintiff work in antitrust cases.


Carol Bauss

National Jury Project/West

Carol Bauss is a consultant with the National Jury Project/West, based in Oakland. Carol is sought after for her expertise on juror attitudes, jury decision-making, and courtroom communication. She advises attorneys on all phases of case strategy, trial presentation, and jury selection, drawing on her years of experience conducting focus groups, mock trials, and post-verdict juror interviews. She works with witnesses to improve their communication skills and tell their story more effectively to the jury. She is a member of the American Society of Trial Consultants and has been active in the Professional Standards Committee and is a former chair of the Membership Committee. Carol works with plaintiffs.


Susan Kostal

Freelance Journalist

Moderator Susan Kostal is a freelance journalist who has covered legal affairs for more than 20 years. She has been a reporter and editor at the Daily Journal, and done writing and editing for California Lawyer Magazine. Her work has also appeared in the ABA Journal, San Francisco Attorney Magazine, San Francisco Magazine, and the Palo Alto Weekly. She also served as the legal editor at She is the recipient of numerous awards for her writing, reporting, and editing. She assisted with the conception and reporting of "Innocence Lost," a San Francisco Magazine feature nominated for a National Magazine Award in 2004,and her piece, "The Brobeck Mutiny," won a Bronze Award for reporting from the City and Regional Magazine Awards in 2003. She has worked with ALM producing audio and video CLE roundtable programs since 2005.

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