Shelley C. Spiecker, Ph.D.

Dr. Shelley Spiecker has been advising attorneys on case strategy, courtroom persuasion and jury selection for over 25 years. With a doctorate in legal communication, Dr. Spiecker routinely advises attorneys on case and trial presentation strategies. She is nationally recognized for her work helping to prepare witnesses for deposition and trial. She has extensive experience in the design and analysis of mock jury trial and focus group research as well as mock bench trials and mock arbitrations. Her studies of the tactical use of innuendo in the courtroom, and her analyses of effective opening statements and closing arguments have been recognized as valuable contributions to the trial consulting field. She also enjoys running, hiking, skiing, and spending time with her husband and two children.

REPRESENTATIVE EXPERIENCE

Dr. Spiecker is nationally recognized as having unparalleled expertise in energy litigation. In one example, in a two and one-half month trial in a small community in southern Mississippi, Dr. Spiecker's strategy advice, assistance with preparing witnesses, and jury selection assistance were instrumental in leading to a complete verdict in favor of two oil and gas companies. The two defendant energy companies were particularly pleased with the unique value added since the venue reflected significant bias against energy companies. We conducted a mock trial in the case which led directly to the co-defendants' refinement of trial strategy to present a united front centered on two distinctly different messages, which was critical given the facts of the case and the venire's predisposition to suspect that two energy companies would conspire in their defense.

Dr. Spiecker is also known for her fine-tuned abilities to work with witnesses to enhance credibility and likeability, and to translate unfamiliar concepts into identifiable issues. In one construction case example, the issue involved construction delay and included complex engineering analyses and testimony from seasoned construction workers who had never before communicated to jurors. She conducted a focus group to test key graphics concepts and worked extensively with the construction workers to help them feel more comfortable, friendly and approachable to the jury. Together with the trial team, she developed themes and language strategies to make the complexities of the delay issues understandable. The outcome of the case was a complete jury verdict in our client's favor, plus an award of attorneys' fees.

EDUCATION

Doctor of Philosophy, Communication Studies – University of Kansas, Lawrence, Kansas. 1998. Emphasis on legal communication and qualitative and quantitative research methods.
Master of Arts, Communication Studies – University of Kansas, Lawrence, Kansas. 1995. Emphasis on legal communications and social influence.
Bachelor of Arts with Honors, Communication Studies – University of Kansas, Lawrence, Kansas. 1993.

MEMBERSHIPS AND AFFILIATIONS

American Society of Trial Consultants – 1993 to present
Communication and Law Commission of National Communication Association – 1992 to present
American Association of Public Opinion Research – 1992 to present
American Psychological Association – Psychology and Law Division – 1992 to present
Institute for Energy Law – 2007 to present
American Bar Association – 2007 to present

SELECTED PUBLICATIONS

Spiecker, S.C., Oberdieck, K. (December, 2017). Jury Consultant Research in Oil and Gas Disputes in Light of "Fake News", "Alternative Facts", and Social Media: Strategies for Persuading Millennials and Every Other Generational Cohort Today. Texas State Bar.
Spiecker, S.C., Broda-Bahm, K., Boully, K.R. (November, 2017). Jury Persuasion in an ‘Alt-Fact' World. Law360.
Spiecker, S.C. (March, 2011). Test the Waters, But Don't Assume That Bias is Forever: Deepwater Hasn't Translated to Deep Trouble for Energy Defendants. Persuasion Strategies.
Spiecker, S.C., Broda-Bahm, K., Boully, K.R., Lisko, K.O. (September 2009.) Corporate America in Lean Times: Do Today's Jurors Have Shallow Sympathy for Deep Pockets? InsideCounsel.
Spiecker, S.C., Worthington, D.L. (April, 2009). Explorations of Juror Reasoning: Extending Our Understanding of the Influence of Attorney Opening Statement/Closing Argument Organizational Strategy. Communication Law & Ethics Division of the Eastern Communication Association, Philadelphia, PA.
Spiecker, S.C., Broda-Bahm, K., Boully, K.R., Lisko, K.O. (September, 2008). Are Judges Becoming More Like Jurors? InsideCounsel.
Spiecker, S.C. (June, 2008). Witness Preparation: A Key Component in the Successful Defense of Employment Cases. Persuasion Strategies.
Spiecker, S.C., Broda-Bahm, K., Boully, K.R., Lisko, K.O. (September, 2007). Arbitration v. Jury Trial: What is the Real Difference? InsideCounsel.
Spiecker, S.C., Broda-Bahm, K., Lisko, K.O., Boully, K.R. (July, 2006). Anti-Corporate Bias is a Given, But Corporations Should Not Give Up on the Courtroom. Persuasion Strategies.
Spiecker, S.C., Broda-Bahm, K., Lisko, K.O., Boully, K.R. (August, 2006). Mocking Corporate America. InsideCounsel.
Spiecker, S.C., Broda-Bahm, K., Lisko, K.O. (November, 2005). Jurors in Red & Blue America. Corporate Legal Times.

SELECTED PRESENTATIONS

Spiecker, S.C. (November, 2018). Creative Uses and Best Practices for Pretrial Research. Presentation to American College of Trial Lawyers in Denver, CO.
Spiecker, S.C. (May, 2018). Fake News in Energy Litigation. Presentation to large law firm in Houston, TX.
Spiecker, S.C., Boully, K.R. (February, 2018). How Are "Alt Facts", Fake News", and Millennial Jurors Affecting Courtroom Strategy? Presentation to large law firm in Austin, TX.
Spiecker, S.C., Boully, K.R. (February, 2018). How Are "Alt Facts", "Fake News", and Millennial Jurors Affecting Courtroom Strategy? Presentation to large oil company in Austin, TX.
Spiecker, S.C., Boully, K.R. (February, 2018). Trial Persuasion In An "Alt-Fact World". ClearLaw Webinar in Denver, CO.
Spiecker, S.C. (November, 2017). Making Expert Testimony Important to Fact Finders. Deposition Demeanor v. Trial Testimony – Which Wins Out. Presentations to Utah Bar Trial Academy in Salt Lake City, UT.
Spiecker, S.C., Toll, Christopher (November, 2017). Creative Uses and Best Practices for Pretrial Research. Presentation to American College of Trial Lawyers in Denver, CO.
Spiecker, S.C., Broda-Bahm, K. (September, 2017). Trial Persuasion in An "Alt-Fact World". Presentation to large law firm in Dallas, TX.
Spiecker, S.C., Boully, K.R. (August, 2017). Fake News and the Reality of Juror Decision Making – Making Persuasion Pertinent and Permanent in 2017. Presentation to large law firm in Houston, TX.
Spiecker, S.C. (April, 2016). Are Construction Arbitrators and Jurors Really That Different? Presentation to ABA Construction Forum, Nashville, TN.
Spiecker, S.C., Broda-Bahm, K., Boully, K.R. (October, 2015). What is the Real Difference? Arbitration v. The Jury Trial. Presentation to large construction company in Reston, VA.
Spiecker, S.C., Broda-Bahm, K. (July, 2015). Anti-Corporate Bias and Antidotes In the Litigation Process. Presentation to Defense Lawyer Association of Wyoming, Cheyenne, WY.
Spiecker, S.C. (July, 2015). Jurors' Current Perceptions of Energy Companies and Effective Presentation Strategies for the 2015-2016 Horizon. Presentation at the Rocky Mountain Mineral Law Conference. Anchorage, Alaska.
Spiecker, S.C., Boully,K.R. (September, 2014). Several Angry Men and a Few Ticked Off Women: Fixing Common Mistakes in Jury Selection. Presentation to the Wyoming Bar Association. Cheyenne, WY.
Spiecker, S.C. (January, 2014). Perceptions of the Oil and Gas Industry and How to Effectively Combat Bias. Presentation to Oklahoma Mineral Law, Oklahoma City, OK.
Spiecker, S.C. (October, 2013). Juror Perceptions of the Oil and Gas Industry. Presentation to Liskow & Lewis, Houston, TX.
Spiecker, S.C. (March, 2013). Investing in Successful Litigation Series. US Bank, Minneapolis, MN.
Spiecker, S.C. (March, 2013). Perceptions of the Oil & Gas Industry and How to Effectively Combat Bias. Presentation to Louisiana Mineral Law Institute, Baton Rouge, LA.
Spiecker, S.C., Long, D.P., Beck, D.J., Watts, M.C. (November, 2012). Young People Nowadays…Effective Persuasion for Today's Jurors. Presentation to Energy Litigation Conference, Houston, TX.
Spiecker, S.C., Bernard, B., Brimmer, G. (October, 2012). Investing in Successful Litigation Strategies. Presentation to major banking institution, Salt Lake City, UT.
Spiecker, S.C. (October, 2012). Women at Work: Making Communication Work for You. Women Lawyers of Utah – 2012 Fall Retreat, Salt Lake City, UT.
Spiecker, S.C., Lisko, K.O. (July, 2012). Preparing Your Best Witness for Your Best Jury: Effective Techniques in Witness Preparation and Jury Selection in Medical Malpractice Litigation. Presentation at Legal Summit, Napa, CA.
Spiecker, S.C., Shaheen, A. (April, 2012). Avoiding Royalty Litigation. Presentation to Small Oil and Gas Companies Standing Committee, Denver, CO.
Spiecker, S.C. (March, 2012). Anti-Corporate Bias & Antidotes in the Litigation Process. Presentation to Snell & Wilmer, Denver, CO.
Spiecker, S.C., Day, P. (February, 2012). The Practice of Environmental Law. Presentation University of Denver Sturm College of Law, Denver, CO.
Spiecker, S.C. (October, 2011). Presentation on Judges, Juries and Arbitrators for the Inn of Court, Salt Lake City, UT.
Spiecker, S.C. (May, 2011). What's on the Horizon: Energy Litigation and Public Perceptions. Presentation for the American Bar Association Antitrust and Consumer Protection in Energy Conference Panel, Houston, TX.
Spiecker, S.C. (May, 2011). Arming for Battle. Presentation for the Colorado Defense Lawyers Association, Denver, CO.
Spiecker, S.C., Frost, D. (December, 2009). Building Your Foundation: The Five Pillars of a Persuasive Construction Case. Presentation at the Construction SuperConference, San Francisco, CA.
Spiecker, S.C. (November, 2009). Has the Down Economy Changed Jurors' Perceptions of the Energy Industry? Presentation for prominent energy company, Houston, TX.
Spiecker, S.C. (September, 2009). Has the Down Economy Changed Jurors' Perceptions of the Energy Industry? Litigation and Liability Issues for Oil & Gas Companies, Houston, TX.
Spiecker, S.C. (August, 2009). Becoming a More Effective Witness. Litigation Education Retreat Presentation, Eugene, OR.
Spiecker, S.C. (June, 2009). See Your Jury Case: Effective Jury Research. Presentation to the Colorado County Attorneys Association 2009 Annual Conference, Vail, CO.
Spiecker, S.C., Foley, E. (December, 2008). The Trial of a Private Royalty Lawsuit to Judge and Jury. Presentation at the Rocky Mountain Mineral Law Foundation Special Institute on Private Oil and Gas Royalties, Denver, CO.
Spiecker, S.C. (2008). Building the Persuasion Construction Case – How to Tailor Your Theme of the Case. Presentation to the Construction SuperConference in San Francisco, CA.
Spiecker, S.C., Lisko, K.O. (2008). What is the Real Difference? Arbitration v. Jury Trial. Presentation to TerraLex 2008 Americas Regional Meeting. Denver, CO.
Spiecker, S.C., Broda-Bahm, K. (May, 2008). Preparing the Company Witness in Employment Litigation. Presentation to the Society of Human Resource Professionals, Salt Lake Chapter Legal Conference, Salt Lake City, UT.
Spiecker, S.C., Broda-Bahm, K. (May, 2008). Anti-Corporate Bias in Employment Contexts. Presentation to the Society of Human Resource Professionals, Salt Lake Chapter Legal Conference, Salt Lake City, UT.
Spiecker, S.C., Boully, K. (February, 2008). Anti-Oil Industry Bias: How Deep Does It Go? How Best to Avoid It? Presentation to the Institute for Energy Law 59th Annual Oil and Gas Law Conference, Houston, TX.

Persuasion Strategies Team