Taking a Look at Trial Penalty, Expert Persuasiveness & Credibility

In this episode... Matt Morr and Mudaser “Mo” Khan, commercial litigators at Ballard Spahr, reflect on expert persuasiveness (both reports and on the stand) and credibility (from body language to ensuring story consistency). They note that their favorite experts shine in two areas: first, they continually work on their writing and speaking skills, keeping at the forefront in the art of persuasion; and secondly, they work closely with the attorney team to ensure consistent themes in the stories they are telling at trial.Mo and Matt also discuss Ballard Spahr’s commitment to pro bono work and their own interest in prisoners’ rights. This intensity has been transformative for clients like Robert Francis, whose life sentence was overturned thanks to the firm’s dedication to his case. They discuss whether trial penalty is common, and what is at the root of this controversial concept. They also go into detail on the power of organizations like the National Association of Criminal Defense Lawyers (NACDL) and Ballard Spahr’s commitment to this organization, sharing advice for those moved by the work being done in this area and who want to get involved with commutation or prisoner’s rights work.Matthew MorrMatt Morr is a trial attorney at Ballard Spahr, representing a wide range of companies in their most important litigation matters, from prominent public organizations to start-ups in emerging industries. Matt has litigated and tried cases in front of judges and juries in federal and state court, and before arbitration panels.Mudaser KahnMudasar "Mo" Khan is a member of Ballard Spahr's Litigation Department. His practice focuses on complex corporate and commercial litigation in both state and federal courts. Mo's experience includes managing electronic discovery, drafting discovery requests and responses, arguing at hearings to resolve discovery disputes, taking depositions, preparing fact and expert witnesses to give testimony, negotiating settlements, and briefing dispositive motions.