By Katherine James

Normally I wouldn’t be comparing a television series to a stage play.

But we aren’t living in normal times, are we?

From both my point of view as a theatre person and my point of view as a trial consultant I am spending a ton of time in the brave new virtual world of ZOOM.

I’ve been preparing witnesses virtually for almost 10 years – so the format is really familiar as I continue that part of my world. What is completely unfamiliar is working in the live theatre via ZOOM. At this point I’ve had one of my plays as a playwright read, I’ve participated as an actor in several plays, and I’ve directed a few plays. The only thing that I’ve participated in that was specifically written for ZOOM was a monologue I directed.

Frankly, until Richard Nelson’s brilliant What Do We Need To Talk About? ZOOM as a vehicle for live performance was leaving me fairly bereft. But count on The Public Theater to break ground in this brave new world. And doubly count on playwright Richard Nelson to find a brave new approach to make this “way” of experiencing the theatre elevated. The good news is, you can experience this production through June on YouTube.

The play centers around The Apple Family. Nelson has written about The Apples before – four other times. So he is more than familiar with the characters and their relationships and what he has chosen to say about who we are as America through these voices. He has an uncanny ability to make this play feel as flawlessly “real” as our own ZOOM conversations today with our own family members and friends. His deeper themes pulsate through to us as viewers/participants in the Apple Family’s ZOOM gathering: isolation, familial ties that bind and strangle, and loving one another through crisis. through crisis.

Yep, genius.

On the other hand…the season finale of CBS’ television series All Rise suffers from the same issues that play readings of stage plays suffer on ZOOM. Now, maybe All Rise wasn’t your favorite courtroom drama of this or any other season. Mine, either. That sort of hollow banter-filled dialogue with odd humorous moments that must have struck someone as being funny in a writer’s room always make me want to spend my time “elsewhere”. What was really sad to me was that instead of attempting a brave new look at character, plot, and drama through these little screens on the big screen, All Rise tried to replicate what they would have done with the script they had in a can if they were shooting it on soundstages and on location. Only all the actors were home alone in their individual quarantined worlds with a lot of odd backgrounds over green screen. And bizarre broken rules of “how it works” with screens popping in and out almost at will… when we all know that if I don’t connect with you, you aren’t invading my world.

It was while watching this painful television episode that I realized that Richard Nelson is really a genius. Like a television series, The Apple Family plays are a series of plays. So I’m comparing two very similar challenges.

Like in a the familiar “world” that is created in a television series, Richard Nelson envisioned revisiting The Apple Family on a stage – a very familiar world to him at that point and to everyone involved with his series of plays. Certainly no less “set in cement” than a smoothly-running television series.

But Nelson, The Public, and everyone involved with this one glimpse of The Apple Family was able to throw themselves fully into ZOOM as a creative medium.

All Rise never stopped trying to adapt what they had to the limitations of ZOOM. It reminded me of my own play being read via ZOOM. My play suffered from actors not being able to be in the same room, look one another straight in the eye, play off the laughs of the live audience, feel that collective heartbeat that happens even in “just a reading” when everyone experiences the same moment in time.

I would love to see All Rise really attempt a ZOOM episode. But for now, I’d encourage you to skip watching this one. But run, do not walk, to your television set to experience What Do We Need To Talk About?.

By Alan Blumenfeld
Founding Director
ACT of Communication

Over the past 42 years of working with lawyers, we’ve always focused on behavior. That is, what lawyers call demeanor and so much more. Your attitude, tone, ability to connect with all of the people in the room. This goes way past simple “eye contact”. Connection is about your passion for what you are saying and your honest ability to advocate, convey that passion…hand it over to your listeners. Judge or Jury.

The recent trial of Paul Manafort is a perfect example of a situation where the lawyers were: well prepared, experienced, professional and had found the story of their case. The prosecutors seemed to “boil down” the huge volume of evidence to a distilled story; the defense seemed to be playing jazz where it’s all about what you don’t say. They insisted the prosecutors had not made their case and so they offered very little from their point of view.

The outcome? Guilty on 8 of the 18 charges. A clear win for the prosecution. Except listen to one of the jurors, Paula Duncan, quoted in the Washington Post Aug 23:

Although she said it was “pretty easy to connect the dots” after prosecutors’ presentation, she described the special counsel team as seeming “a little bored” during the proceedings.

“I saw them napping during the trial,” Duncan said, citing in particular prosecutors Brandon Van Grack and Greg Andres. “So it kind of sent a message of ‘We’re bored with this,’ and I’m thinking, ‘Well, if you’re bored, then why are we here?’

And of the defense she said:

“They gave a very easygoing atmosphere to the whole thing, they objected to very little, and appeared agreeable throughout it all.”

From our point of view, having been teaching lawyers and their witnesses how to maximize their effectiveness in and out of the courtroom for over four decades, this was a kind of disaster.

As an attorney in the courtroom, you are always ON. There is no camera to cut away from you; no editor to show only the good moments when you are attentive.

Regardless of how you think you are coming across to the panel, perception is everything. Clearly this trial stands as a lesson in sending more than receiving. Being more involved in self rather than receiving the cues, non-verbal responses, from the jurors. Even if the jurors are giving you blank faces, you need to be constantly reminding yourself that they are more important than you are in the two-way street of communication. Your efforts will be received and rewarded.

You ARE demonstrative evidence. The jurors are hearing this and following this story, or not, for the first time. It doesn’t matter how many times you have gone over the story. Or how familiar YOU are with the material. You have to create a live, present time experience for the people in the room. And you have to do it ALL THE TIME.

Yes, it’s exhausting. Being in trial is like performing in live theater. That is why our background as performers in theater, film and TV (www.actofcommunication.com) brought us to this field of working with lawyers in the first place. It is thought that an actor performing in a 2 hour play expends as much adrenaline as someone in a minor car crash. Suit up and strap in, you are not allowed to look bored. EVER.

It’s not enough to be perfect on paper. Once you are in the courtroom, you are a performer. And not in the pejorative sense so many people have of performers. Not the ego-driven, applause seeking, face-making overactor. No. A performer in the modern sense. In the sense of the best of contemporary performance. Honesty, sincerity, the stripping away of artifice and the vulnerability to reveal a true human being. And a human being in pursuit of convincing, advocating, seeking justice. And in the courtroom, your job as a trial lawyer is to be that ALL THE TIME.

So, you must expand your skills beyond writing and an absolute knowledge of the law, the rules of evidence and procedure. You must learn to connect your mind and heart and gut with your voice and body to become a true communicator. A warrior willing to do whatever it takes.

By Katherine James

This week’s episode of Bull involves another criminal case – with Dr. Bull and his crack trial consulting team working on the side of the defense once more. This week I was really struck by the fact that we as television viewers are just not used to “the good guys” working on the side of criminal defendants. Dick Wolf and his myriad of Law And Order franchises really have been centered on prosecutors and police officers and detectives as the good guys and the “accused” as the bad guys. As is almost every show that involves the law since Perry Mason. In this episode, Dr. Bull starts out working for the prosecution and then ends up working for the defense (yes, conflict of interest is one of the many OompaLoompas* in this fantastical episode). It allows us to see the M&M* that trial consultants are used in criminal cases by both the prosecution and the defense in real life.

There were two nuggets of truth that I found in this week’s episode that I often work with while helping to prepare witnesses. First, early in the episode, Dr. Bull (the as ever delightful Michael Weatherly asks the unjustly accused defendant (the character of Richard played by guest star Zach Appelman “Do you feel guilty about something?” This particular case deals with a coerced confession. Something that happens often in real life but not so often on Law And Order. However, I find this feeling of doing something wrong when there was no wrong-doing on the part of the witness happens all the time. When working through a story, there is often what I call a “V-8” moment for a witness. I call it this in honor of the television commercial from my childhood where there is some poor deluded person drinking a plain old glass of tomato juice who suddenly hits himself or herself in the head and says to the camera, “ARGH! I could have had a V-8!” I usually uncover it by saying, “I know what you are thinking right now. You are thinking…’if only’….” And sure as whatever day of the week you are reading this has a “y” in it the person will fill that blank in with something he or she thinks that they themselves did wrong. I’ve heard everything from, “If only I had picked him up out of that emergency room and run him to another hospital” (Medical Malpractice) to “If only I hadn’t made a deal with that guy” (Contract Dispute Case) to “If only I hadn’t gotten out of bed that morning” (many, many, many cases). Dr. Bull points out although Richard thinks he should have made a “different choice” (in this case, having a fight with his fiancé who ends up as the murder victim)– making choices doesn’t mean Richard committed the murder.Of course, since he is Dr. Bull and this is television and not real life, he convinces him in a moment. In real life, it takes A LOT to convince a person that his or her own behavior couldn’t have magically prevented the event that led to the lawsuit or the crime. Sometimes no matter how hard the lawyer I am working with and I try, I just can’t convince the person that they have no responsibility for the horrible thing that happened. I think the saddest time for me is even after our side wins, that a witness will sigh and say in the midst of the victory, “If only I hadn’t….”

The other thing that Dr. Bull said in this episode to Richard was, “That’s the Richard we need to see in court – confident – the real you.” I have said often that we have many different personalities and that in witness preparation I am looking for the person within the small repertory company that is inside the witness who is going to be the best witness. Richard in this episode looks a heck of a lot like a guilty, sad, overwhelmed person most of the time. Even though he didn’t kill his girlfriend. When he displays his confident side (while making a gourmet meal in a meeting room in jail while showing off his culinary skills as a young up and coming chef – how can you not love OompaLoompas?) he truly looks like a completely different person. Instead of building “the confident Richard” persona through lots of role playing practice (that is what we really spend several hours doing when making M&M’s) in a subsequent scene Dr. Bull points out to Richard that he’ll never make it as a witness and shouldn’t testify. When I’ve been brought in it is because this witness is going to have to take the stand. And it takes a lot of hard work instead of bullying (forgive the pun) and taking over to get witnesses ready. But…that certainly wouldn’t be interesting television. I get it.

Now…for the Hollywood Insider tip. I was thinking this week about how much of this show is shot on sets that have been specifically designed and built for the show versus standard sets that have been “rented” for the show. When you look at any hour long show, you can see that very little of it is shot on location – and most of the location shots seem to me to be outdoors. The set for Dr. Bull’s fantastical headquarters was clearly built just for this show and is on a sound stage in a studio somewhere.

I don’t know if the shot this week of the dumpster and alley where the crime scene takes place is a real live location (think Law and Order and how many of the streets of New York we know because of that show) or maybe just a spot in the studio where the sound stage with that fantastical Dr. Bull’s Headquarters set lives. Sometimes I can tell what lot on which one of these scenes is shot. For example, when a scene is shot on one of the “streets” of the lot of what was once MGM Studios and is now Sony Studios in Culver City (where we live) sometimes I see a dead giveaway – like the steps where Spencer Tracy and Katharine Hepburn first met when they were contract players at MGM. Of course, that always makes me scream with delight no matter what the show is and whether or not I am on an airplane at the moment (much to the consternation of my fellow passengers).

There are a whole series of courtroom sets out here near Valencia, California – so I don’t know if they built their own courtroom set for Bull or if they just rent one of those. My sister, Caroline James is a television producer. I had a blast once visiting her on the set when she was producing Raising The Bar. She rented those studios out in Valencia. More courtrooms than many courthouses I’ve visited. Or maybe that’s just how I remember that very special day.

Now, for this week’s mystery set for me – the elevator. There is a scene that involves an elevator (and extreme jury tampering by Dr. Bull for those who prefer reality to fantasy) and I can’t tell if it was just built for this episode or if it is a rental. You see,you can’t have a real elevator – where would you put the cameras? You need to be able to configure it so that you can shoot from above (looking down at the heads of all the people – a common elevator shot), from the back of the elevator (looking at the buttons or what it looks like when the elevator doors open) and, of course, from the front (elevator doors closing AND what goes on inside the elevator, which is where the action centers in this episode). There are such sets with set pieces in various sound stages around our neck of the woods. I remember Alan coming home once from a shoot and he was on an airplane in that particular show. There is a cutaway airplane that serves that purpose for many shows and is available for rental right now – unless someone else is using it today, of course.

Next week is Episode 6 – it will be interesting to see yet again “What’s Not Bull About Bull”. This week had a lot of fantasy for those who like a distinct lack of realism in their television viewing – but as always, those nuggets of truth come shining through.

*Remember – an “OompaLoompa” has been defined by me as a fantastical way to get the thin candy coating on a round milk chocolate candy versus the factual way they are made by the Hershey folks at the M&M’s factory. Now, you know I would really much rather see the upcoming musical on Broadway of WILLIE WONKA AND THE CHOCOLATE FACTORY than visit the M&M’s factory. But I deal in making real live “M&M’s”, as do my fellow trial consultants at The American Society of Trial Consultants.

By Katherine James

CBS announced this week that they are “picking up” BULL for another season. So…that means that in the court of public opinion, in which BULL is the most watched new series of this season, the jury has decided it is having a great time watching this show.

As am I!

This week’s episode focused on trying a pharmaceutical patent case in a mythical town in West Texas called “Callisto”. Those of us who know and love working on patent cases know that this is actually a town in East Texas called either “Marshall” or “Tyler”. Maybe it is the “other” town – Texarkana – that IS famously both in West Texas and in Arkansas. But the town felt really like one of the first two to me – I’ve been in both.

This episode brings a nugget of truth that I work on all the time in cases – choosing language.

Every case I have ever worked on has a special “lingo” that only people who live in the world of the case understand. Many cases call for me helping witnesses find “translations” of what they say every day in their work life into language the jurors can understand, remember, and hold onto. I find myself in many cases saying, “How would you say that in English?” For example, let’s say we are in a business case and a witness answers the question, “Did you talk with Mr. Smith about what the other side is calling ‘a problem’?” with, “We interfaced with one another and determined the issue was dormant” you know the chances of any human being understanding what the heck this person is talking about are nil. It takes awhile to get folks to translate their own words. For example, eventually the witness will get to “We did talk with one another and figured out that the problem had solved itself.” But it takes time and care.

In a patent case, in general like the one Dr. Bull’s trial consulting team focuses on in this episode is bound to have language that confounds anyone who is not a scientist, engineer or an attorney in this world. The case in this episode deals with patent litigation involving a pharmaceutical drug. So…anyone on the jury who isn’t a research scientist with a drug company or a lawyer who deals with these cases is going to get totally lost really quickly if the witnesses speak their own lingo from the stand. We are treated to such an example by an expert witness who loses and alienates the jurors immediately. Dr. Bull and his team have to make sure that when their own witness, the client, talks to the jurors about the drug and the patent that she uses clear understandable language, tells her story from her heart, and echoes their really great theme: “He wanted to save money, but she wanted to save lives.”

Warning – in this episode there is an OompaLoompa that happens here. Remember – an OompaLoompa has been defined by me as a fantastical way to get the thin candy coating on a round milk chocolate candy versus the factual way they are made by the Hershey folks at the M&M’s factory. Now, you know I would really much rather see the upcoming musical on Broadway of WILLIE WONKA AND THE CHOCOLATE FACTORY starring one of my favorite actors, Christian Borle than visit the M&M’s factory. But I deal in making real live M&M’s – think in this case – helping witnesses choose language to use on the witness stand.

The OompaLoompa is that one of the characters on Dr. Bull’s trial consulting team, former prosecutor Benny Colón played by Freddy Rodríguez does this “all by himself” in a corner somewhere (off camera by the way) and presumably then hands the testimony to the witness who memorizes it. In real life, the language must be the witness’ language, not the language of a trial consultant or an attorney. Making M&M’s takes longer, but there is nothing more rewarding than experiencing a witness translating their “lingo” into language and a story that can be understood literally and emotionally by one and all.

I promised you that in every blog I write about BULL that I would give you a Hollywood Inside Tip. This week it is this…I knew that BULL was being picked up not because of reading about it in the trades…but because a voice. I’m not talking about spiritualism…I’m talking about a pal of ours, Willow Geer whose voice is heard on the show. What does this mean? Ever notice in a film or television show that when there is a crowd of people that you might hear them talking? I’m not talking about individual actors speaking lines, I’m talking about a general sound of people talking? This is a much sought after union job that is filled by trained and talented actors like Willow. She emailed and asked us where she should go for research on juries, focus groups for trials, etc. So I knew that they were making more than the five that were scheduled for sure. Where did we direct her? To our own Knowledge Tank on the ACT of Communication website of course.

So…I wonder if next week’s episode is the last one until January or so. Can’t wait to see what it’s about…and where the nuggets of truth are.

By Katherine James

Once again Bull showed us that Good Television and real life are not the same thing. BUT once again, there were many fantastic nuggets of truth in this week’s highly entertaining episode. I am not going to give you all of them – but I am going to talk about the ones that I work with in my very real life as a trial consultant. Again, I will leave other trial consultants to talk about their areas of specialization as they relate to this episode. I’m also going to include a little Hollywood tidbit at the end … in case you are interested at all in “how it works” in the land of glitz and glitter.

I will, as I did last blog, distinguish fact from fantasy in what I discuss in this way. I shall label facts “FACTS” and fantasies “OOMPA LOOMPAS” because I got so much positive feedback to that comparison in my previous blog. Basically, I am alluding to the difference between how M&M’s are made (a factual process that may actually be able to be observed) and how the little chocolate candies were made in WILLY WONKA AND THE CHOCOLATE FACTORY. I will say again that I would much rather watch Gene Wilder right now than anyone in the Hershey’s Factory.

Dr. Bull was just the most brilliant of witness preparers again this week. As I said last time, these are the parts of each of the episodes to which I relate the most closely since that’s what I spend so much of my time doing. This week’s client/witness (OOMPA LOOMPA warning – a member of his team is an attorney and tried the case. Against his former girlfriend. Sexy sparks flew. Good Television!) was subject to panic attacks. I loved that he had her count out of order because “the mind doesn’t allow you to count out loud out of order and have a panic attack.” FACT: In real life I run into panicky witnesses all the time. I generally have them breathe slowly and deeply. I then work on getting them to put their faith and trust in their lawyers. I find a lot of people are just completely terrified and think they are alone. They are never alone. They always have their lawyer either guarding them against the enemy or right by their sides. Sometimes it just takes a little loving glue to make a bridge between that most important of relationships – lawyer and client. OOMPA LOOMPA: Of course, Dr. Bull never seems to work with an attorney in the room. I always do. I guess attorney client privilege is not Good Television. And during the trial when she started having a panic attack during cross she looked right at Dr. Bull who nodded at her, and they both had tears in their eyes? Bad courtroom practice in reality, but gosh that was Good Television.

This week’s case involves a criminal Pro Bono case. FACT: trial consultants, like attorneys, do Pro Bono cases. The American Society Of Trial Consultants has a Pro Bono Committee dedicated to this effort. I myself have at least one big Pro Bono client that I am working with at any given time (right now I am working with Public Counsel here in Los Angeles). I also work on cases when asked. My rule? If the attorney is doing the case Pro Bono then I’ll help when appropriate. OOMPA LOOMPA: no trial consultant I know goes and visits someone who is incarcerated and tells them that they can turn their case and life around single handedly. But it sure was fun to watch that adorable Michael Weatherly (Dr. Bull) do just that. So personable. Good Television!

Now, there is another aspect to the series that I understand because of my background. The “How A Show Is Put Together In Hollywood” aspect. So…Dr. Bull is The Star and is going to wear pretty much all of the hats and be the protagonist who wins the day. His crack team is going to carry bits and pieces, but he is where the money is being invested in this show and he is expected to carry it. Did you notice that when at the victory party it was announced that the real killer was the coach of the college team that the murder victim played on? How it was just brushed off? Okay. So. The kid who was on the stand playing the best friend of the murder victim was an actor who was hired for one day – appropriately enough he is known as “A Day Player”. The coach and the rest of the team, who were in the courtroom scene when he testified – oooo, you don’t remember them? That’s because they were all extras. They didn’t talk. They would never talk. They are just extras. They fill out the atmosphere of the scene. They are, in fact called “The Atmosphere.” FACT: You can’t have a big dramatic scene where the real culprit is arrested and confesses if that culprit is played by an extra because unless they do it with no words…he can’t talk. Actually, if he had been put in cuffs and walked out he’d get a bump in salary because that would be called “A FEATURED BIT”. But it was better for the show for it just to be a throw away line in the party. Spoken, of course by Dr. Bull.

Get how it works? Did you follow the money? You bet Steven Spielberg – one of this show’s executive producers – does.

I know I will keep watching. And reporting about the FACTS and OOMPA LOOMPAS as I see them in this highly entertaining look at the world of Trial Consulting in this blog. With a bit of Hollywood info thrown in for good measure. Happy viewing!

Episode One “The Necklace” and Episode Two “The Woman In 8D”

By Katherine James

By now you either have or have not watched the “trial consulting” show about that won the television ratings game as “most watched new show on television” when it premiered: Bull

I surely watched the premiere episode: “The Necklace”. Twice.

And I watched this past week’s, “The Woman In 8D”.

And I am going to watch the coming weeks for as long as it lasts.

And I am going to comment on it from time to time.

In all candor, I was going to comment the very first week, but I was so taken by my colleague Tara Trask’s post on her blog that I reposted it to ours (please check it out if you haven’t yet – it appears directly beneath this one).

For those of you not in the know,
Bull is a brand new television show whose central character is a trial consultant. It was created by Dr. Phil and his son Jay, who both have continuing producing responsibilities on the show. Again, to be perfectly honest with you, I started out absolutely terrified of what this show could do for our reputation (that is, trial consultants in general). The name alone totally freaked me out – I assumed that “Bull” meant “Bullshit”. Please note this response of mine – I am going to refer to it again when I talk about “The Woman In 8D”.

I was also scared that whatever this fiction was that was being sold by CBS and that I was seeing in the trailers for the show was completely false. Unreal. With no basis in reality.

Finally, I was scared that everyone would think that I did what this Bull character did. Which from what I could tell from the trailers was total B.S.

And you know what?

After watching the first two episodes and looking forward to a third I am here to tell you that there is a heck of a lot of truth at the base of what goes on in the show. Now, I’m not saying that the trial consulting part actually works the way that Dr.Bull and his team do it. Not at all. But as I said to Tara over the phone, somewhere in Hershey, Pennsylvania M&M’s have been known to get a thin candy shell over a milk chocolate base. I’m sure it is a very real process. But I really like the way the Oompa Loompas do it in Willie Wonka And The Chocolate Factory. I know that isn’t really how it happens…but wow, I could watch that movie again right now. I was also dreading having conversations with people who now were magically going to want to become trial consultants based on seeing Bull Then I regained a bit of sanity when I realized that no one ever told me that he or she wanted to go to medical school because they wanted to have a lot of sex on the job like the doctors on Grey’s Anatomy. Nor has anyone said that they want to become a police officer and have their entire family become police officers and D.A.’s so that they can constantly be involved in conflicts of interest and drink heavily around the dining room table every Sunday like that nice Reagan family on Blue Bloods.

Oh, that’s right.

It’s TELEVISION.

That thing my husband Alan Blumenfeld is on all the time (who turned to me after the first episode by the way and said, “I like it. Good Television.”)

It’s not REAL.

It’s ENTERTAINMENT.
So why does this show have so many trial consultants up in arms?

Because WE DON’T DO ALL THAT STUFF.

And when we do, WE DON’T DO IT LIKE THAT.

Let’s first look at “we don’t do all that stuff”. I am so steeped in trial consulting from my point of view as a trial consultant that I couldn’t see past that to the television-savvy part of my brain. Dr. Bull and his staff manage to do the two basic parts of any criminal television procedural show: they do what the lawyers do, and they do what the police and investigators do. They also do a third part that up until this show has never been fictionalized before: they do what trial consultants do.

Why on earth would the lead in a television show do everything, be the catalyst for all the action, and even solve the crime? Because that’s what central characters on television shows do. Think “Columbo”. Think “Macgyver”. I ask you to think like this because this show is very “old fashioned” in this way. Haven’t you noticed that all the Law and Order shows, as unrealistic as they are, have the police and investigators doing their part and the lawyers doing theirs? Not here. Dr. Bull, assisted by his team, does it all.

Let’s look at the “we don’t do it like that” part. There are so many nuggets of truth in the show that I couldn’t possibly list everything that happened in the first two episodes that is either rooted in the truth or has a glimmer of truth in it. Again, think about the fact of M&M’s being made versus them being made fantastically by Oompa Loompas. I will leave the things that others do to compare and contrast…but let me talk about some things that I do that I’ve seen happen on Bull. I do participate in helping prepare witnesses. I wish I could just magically save them with a simple sentence “Just talk to them like they are fans who buy your records!”…but then, making M&M’s takes so much actual work when you are not an Oompa Loompa. I’ve helped witnesses with clothing, hair and makeup choices. I wish I had a perfectly dressed gay ex-football star to help me out…but…oh, well. Such is real life. I related the most to Dr. Bull personally when he was trying to figure out what made the witness in front of him act that way. I do that every day of the week with a “y” in it. Dr. Bull at this point in every show sounds the most like Dr. Phil from The Dr. Phil Show. Now I don’t know if he really talked to witnesses that way or not…but I must tell you that I, for one, have been with people who became better witnesses because I, frankly, cared about them as people.

Remember when I said that I would tell you about my assumption that “Bull” could only mean “Bullshit”? I have come to see that it also means “Bull’s Eye”. That it also means someone who will stubbornly go against all odds to make sure that justice is served. Not a horrible image at all. But what I felt immediately about the show was bias. Yep, that thing that lawyers and trial consultants are constantly looking for when looking for fair and impartial jurors. “Juror Bias” was a big part of the episode “The Woman In 8D”. How about that? I must say if the people who saw that show – many of whom could be called for jury duty – got even got an inkling about what juror bias might mean in a case then the whole episode was worthwhile.

Now I am left to ponder…are the members of The Innocence Project freaked out that the new show coming up called Conviction promises to do their work of overturning wrongful convictions in just five days? And the question I know are all the women who actually do that extraordinary, low-paid public service work wondering why on earth the leading lady seems to be wearing Christian Louboutin Heels when they themselves can barely afford to shop at Payless? Or have they, like me, figured out…IT’S ONLY TELEVISION. LIGHTEN UP AND ENJOY THE RIDE.

Posted by Tara Trask on September 24, 2016

Reposted by Katherine James on September 26, 2016

The legal community is abuzz about the new CBS drama “Bull”. Played by Michael Weatherly of NCIS fame, Dr. Jason Bull is a “brilliant, brash and charming” trial consultant said to be loosely based on Dr. Phil’s early career as a trial consultant. I worked for Phil McGraw’s consulting firm back in the 90’s, and I can confirm many similarities between the whip-smart, funny Dr. Bull and my mentor.

Of course there are differences, and the show itself is a somewhat fantastical and entertaining story of one highly fictionalized man. I don’t know of any trial consultants that share Dr. Bull’s feline intuition or his tenuous relationship with honesty and the law.

The American Society of Trial Consultants, (for which I served as President 2011-2012) is rightly concerned about the public’s perception of our field. Dr. Bull steals lead trial counsel’s watch, bugs it, hacks into phone records, and solves the crime by identifying the true culprit once his client is exonerated. And who wouldn’t love to have all the high-tech gadgetry on display in this show? But like the glossy CSI franchise, much of it is science fiction. This is, after all, a primetime Hollywood drama, so it’s not surprising that it takes liberties with reality in exchange for a glossy and glamorous narrative tied up neatly in 43 minutes.

But does “Bull” get anything right? The general public, and quite a few lawyers for that matter, tend to think of us only as “jury pickers” who “read people”. But Dr. Bull, like most of the successful trial consultants I know, is deeply involved in the entire strategy of the case.

At the beginning of the show, we see his team testing case themes and arguments through mock simulations to mock jurors. My state of the art mobile courtroom isn’t as fancy as Dr. Bull’s, (I don’t see any reason to charge my clients for the costs of shipping wood paneling), but it’s not a huge departure from it either.

Dr. Bull’s wall of monitors depicting everything there is to know about each of the prospective jurors is slick television at its best. In a lengthy, or high profile case we might obtain a fraction of the same information Bull displays on the flashy monitors, (if the judge allowed a supplemental juror questionnaire or extended attorney voir dire), but it’s normally kept in old-fashioned, but user friendly, ordinary binders.

He also conducts extensive witness preparation with the young, frightened client. Importantly, his preparation of the witness goes far beyond “charm school”, or commenting on attire, (although that certainly is part of what we do.) Like many of us, Dr. Bull spends hours with the witness, not just talking at him or giving him do’s and don’ts, but actually listening to him—allowing Bull to get to the bottom of what makes his client tick. Once he has that understanding, he is able to help the client peel back the layers of fear getting in the way of his ability to testify not only truthfully, but authentically. Trial consultants do that kind of work daily.

Dr. Bull isn’t trying to stack the jury in his client’s favor or “rig” the system. Rather, he’s trying to ensure that anyone who can’t be fair to his client never makes it to the jury box. Every trial consultant worth their salt is trying to do the same thing.

Most importantly, Dr. Bull is not cynical. At one point, Dr. Bull’s client, a young man charged with murder exclaims; “they won’t believe me!”, when faced with the daunting challenge of telling the truth, but revealing something intensely personal about himself. Dr. Bull looks at him and says: “Don’t give up on people. They’re all we’ve got.” That sounds like faith in the jury to me.

Far from being sardonic puppeteers out to game the system, every trial consultant I know shares an abiding love for the jury system and those who take time from their lives to serve, a zealous belief that most juries get it right most of the time, and a nearly religious respect for the laws of this country.

With sixteen million viewers in its first week and the number one timeslot on network television, I hope that Dr. Bull lives up to the field he purports to portray. Even if he doesn’t, the show still looks like it will provide an enjoyable escape from my everyday reality.

Check out the interview I gave Ross Todd at Law.com, here about my time working with Dr. Phil.

Katherine James:

LOVE & MERCY is a film to which you should run and not walk.

If you have always wondered what was really going on in the life of Brian Wilson as he struggled with art and fame and love as he created the sound of a generation, your questions will be answered here.

If you enjoy amazing performances by wonderful actors, this is the film for you. Paul Dano is just brilliant as Brian Wilson in the “past” and John Cusack equally amazing as Brian Wilson in the “future”. Paul Giamatti is just terrifying as Dr. Eugene Landry, the shrink who manipulated his way into running Brian’s life. The simple and glorious performance of Elizabeth Banks as Melinda, Brian’s true love and rescuer, is the essence of how an actor simply “listens” and “responds”.

The star of the piece, however, is the sound.

I went in expecting the music, of course. But what I didn’t realize was that the sound inside of Brian’s head as he is creating music, responding to mental health issues, the medication to deal with his problems, the conflict of those around him would be a huge element in the show. You know how many times entertainment awards for sound design go to either sci fi thrillers or war movies? Rarely does a sound designer Eugene Gearty get to go inside the human mind, let alone the mind of a genius. Here is an interview with Gearty on the process of creating the extraordinary sound for the film.

What can Lawyers learn from this film? The sounds that are created in the hearts and minds of the jurors are an oft neglected element of demonstrative evidence in a case. See LOVE & MERCY, revel in the sound, and let your mind open to what sounds you want the jurors to be “hearing” in your case. You might not be able to create them like Gearty…but…using words to create the right “wall of sound” for this case is vital.
 
TIP: What are the sounds that are evoked in your case? How can you use them to implant the sound images you want to last all the way into the deliberation room and beyond?

Katherine James:

My sister, Laura Ellen James, lived and died on February 5, 1955.

She would have been 60 years old this year.

For a year I thought to myself, “I would love to honor her birthday in some way in 2015 – give her some kind of birthday bash. After all, I would have given her a big party if she and I had spent those 60 years together.”

Of course I told no one.

There was really no one to tell. My mother, who is 89 years young, was in a coma that sad day in 1955. She and Laura Ellen were both victims of pre-eclampsia. She survived. My father, who was the only person other than me (I was turning 3 in April) conscious of the events of that terrible time had died in 2013. The day she was born and died he had named her “Laura Ellen” after the character “Laura Ellen James” in Look Homeward, Angel by Thomas Wolfe . The “James” he had already given her by virtue of being her father.

Not only was I conscious, I remember so many of the events of that life-changing time for all of us. My mother claims I have the best and longest memory of any human being she has every known. So does my husband. My children. One of my granddaughters has managed to inherit it. It is a gift and a curse, the inability to forget.

For six decades I thought of her, spoke to her, dreamt of her and visited her grave in the baby section of Fairview Cemetary.

Then there came a period of time when I thought that she was my artistic inspiration.

Artistic inspiration. That instinct that tells you what words to write on the page as a playwright when you are stuck. Or what the character you are playing might do in that moment when you are acting. Or how to help the actors help you discover what the play you are directing is really all about.

It got really dicey for that period of time.

I thought I couldn’t do anything without her input.

At this point I happened to be doing some bodywork with someone who was also a very sensitive psychic. She told me, “Someone keeps trying to interfere with how you are expressing yourself as an artist. Tell her you are sorry she isn’t alive, but that you are and you have a right to express what you are meant to express.” “But it’s my sister,” I said. “So what?” she replied. “The world needs to know what you have to say. It’s sad and frustrating to be dead with so much left unsaid…but… that’s what happened to her. Not you.”

Gently I removed myself from Laura Ellen as anything but my dear sister who I would miss forever. I stopped confusing her as a source of artistic inspiration. And, of course, my work soared.

But I kept that relationship – the dead sister as muse relationship – in the back of my mind. I felt that somehow, some day, that relationship would be called on as the subject of a play.

When Tiffany announced the subject of the 2015 Little Black Ink National Female Playwrights Festival was “Outside The Lines” I knew that time had come. I tweaked the truth just enough – making The Artist a painter, and The Muse a twin sister rather than a younger sister. The first draft of MUSE ME flowed from my heart and my fingers. At the same time, a director from my home town asked if he could direct my play, THE OLD SALT (a finalist in 2014’s Little Black Dress Ink National Female Playwrights Festival), for a 10 minute play festival in the theater where I grew up. When was it? The festival would coincide with Laura Ellen’s 60th birthday.

I booked airline tickets for my mother and me immediately. I knew I was being given the gift for which I had asked.

February 5, 6, 7 and 8 of 2015 were amazing days for me. The glorious production of THE OLD SALT attended by so many from my past. Visiting friends and relatives. Going to see my sister and my father in the cemetery. Best of all was a special luncheon with a small number of women who were close to my mother and me, three of whom were associated with my home theater. I asked those theater friends to read MUSE ME at the luncheon. One read the stage directions, one read The Artist, and the third The Muse. The actress who read “The Muse” I chose especially not only because of her ability, but because she is the one who my mother trusts to take care of my sister’s and father’s graves. “But I feel like I know her!” she said before the reading. “I talk to her all the time!” “I know,” I said. “And that is why you get to play her.”

The reading was glorious and sacred. We all understood that we were there for Laura Ellen’s final birthday gift of the weekend. It is a moment I will keep in my heart until the day I die.

I look forward with joy and anticipation to sharing MUSE ME with the other semi-finalists this year on May 16th. This is a special one for me, and it is only right that it was inspired by one of the most extraordinary of theatre artists in my life – Tiffany Antone. Thank you, Tiffany, for choosing a festival theme that allowed me to find expression in this play which is so important to me as an artist and as a sister.

Hershey Felder as Irving Berlin

Katherine:

This week I had the sheer pleasure of experiencing Hershey Felder as Irving Berlin at The Geffen Playhouse. My companion that evening was a wonderful director and producer I’ve known for over 30 years. I turned her onto Seth Rudetsky and she turned me onto Hershey Felder whose extensive bio begins but doesn’t end in the cast notes. He has created these amazing musical biographies of such stars as Gershwin, Chopin, Beethoven, Liszt and Bernstein. He has performed his one-person shows over 4,500 times. His Irving Berlin show is almost 2 hours long and he plays it without an intermission – 8 shows a week. I was completely blown away by his brilliance. How he got us to sing along with the numbers. How he got us to understand the story of Berlin’s life through music and anecdote and we were never bored once. Not one time. I mean none of us in the sell-out crowd.

And then I thought…

Why am I so impressed? Isn’t that exactly what every lawyer I know does every time he or she tries a case? A one person show – with costume and lights and scenery and the best “help” in all the world…but…when the lights come up there is the lawyer. And every new trial the lawyer had a new group of people (jurors) who need to be wooed and won and to be charmed into singing along with the tunes.

I’m getting ready to write a one-person show. I’ve been asked to submit one to Green Light Productions. I’ve done two in my lifetime – many decades ago. Full evenings. Just me. The thought of doing one for even a single act I find quite challenging.

So…hats off to each and every one of you who tries cases. Check out Hershey when he comes to a theater near you – which he is bound to – for some inspiration to take you through the rehearsal for that next trial!

TIP: What are you doing that makes them sing along with you?