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Trial Consultants/Litigation Strategists offer a wide array of
services to help you in planning and strategizing for trial. A majority
of the services are hereinafter-mentioned:
Community Attitude Surveys
These surveys attempt to determine the effect of publicity on the
local jury pool. Trial Consultant/Litigation Strategist conducts
media content analysis and community attitude surveys to gauge what
people and leaders in a particular venue and potential jury pool
may think about your "hypothetical" case, and how they
may decide the case. This service is more prevalent in criminal
matters, and can be extremely expensive.
In-Depth Focus Groups
The Trial Consultant/Litigation Strategist spends the day with a
representative sample of potential jurors and attorneys are invited
to "present their case". The Trial Consultant/Litigation
Strategist acts as a facilitator to skew the decision against our
client in an effort to determine what issues are important to the
jurors and how to strengthen our case. There is a question and answer
period, and a deliberation period. Jurors discuss what issues are
important and which aren't, themes and analogies, liability and
apportionment, damage potential and/or settlement value, witness
evaluation, and evidence evaluation. Based on the research, the
Trial Consultant will offer various strategies to implement at Mediation/Trial.
This service is usually approximately $10,000-15,000, and costs
are not included.
Informal Focus Group
Trial Consultant/Litigation Strategist meets with jurors to discover
what is important to potential jurors, how they would decide the
case, any analogies or themes that the jurors believes would be
helpful, and their reactions to various arguments or problem areas.
Approximately 90% of the same information is gleaned from this research
as in a Formal or In-depth Focus Group, with the exception of the
evaluation of the attorneys' presentations. This service is quite
popular in that it saves time and money by not requiring the attorneys'
presence. The attorney client will receive a report analyzing the
research and suggesting various strategies. Said report is usually
20-40 pages in length, and this service value is approximately $5,000.00.
Web-based Focus Group
This service is relatively new in keeping with the fast paced busy
life style of Americans and the new technology available to us.
The advantages of such a technique is that there are No time constraints
for jurors, allowing the Trial Consultant to reach a greater variety
of people, including professionals who can log onto the computer
at their convenience. There are No incidental costs to the client
for this service, and the Jurors are inevitably more Honest and
Open because this is an anonymous interaction, thus, no one sitting
there passing judgment, intimidating the juror, or causing the juror
to feel shy and unsure about vocalizing opinions and concerns. There
is one disadvantage when using this technique, and that is that
it is quite difficult to limit the participants by venue. The Web-based Focus Group attempts to address this issue,
and it is usually $1,000 to $3,000 for facilitating, analysis, and
a report compiling research.
Mock Trial
This focuses on the big picture rather than problem areas, themes,
or what is important to the jurors. It is a huge time commitment
and enormously expensive. Trial Consultants/Litigation Strategists
only recommend Mock Trials in extreme cases being that most of the
same information can be accomplished via another technique.
Witness Preparation
Trial Consultant/Litigation Strategist works one-on-one with the
witness in order to make him/her more relaxed, likeable to the jurors,
believable, and persuasive using various relaxation techniques,
practicing cross-examination, working on demeanor and communication
skills, and shaping attitude. This service is available both for
Deposition and for Trial, and Wardrobe is also discussed.
Demonstrative Evidence
Trial Consultant/Litigation Strategist assists trial attorneys with
the preparation of visual aides for jury trials. By sifting through
all of the pertinent documents and case facts, and by discovering
the jurors' proclivities, we can recommend what type of demonstrative
evidence would be most effective, what charts should be made, what
documents should be blown up, what color choice would have the best
affect, and if any animations or power points are necessary. The
Trial Consultant Makes Suggestions
. Someone else actually
Creates the animations and boards.
Case Analysis and Strategy
Trial Consultant/Litigation Strategist works closely with the Litigation
team and client to develop effective themes, analogies, and questions
to demonstrate key arguments and devise plans that will enable us
to counteract the problem areas. Trial Consultant/Litigation Strategist
can recommend a settlement strategy that would encourage the opposition
to settle the case before it went to the jury by using the knowledge
gained about potential jurors attitudes toward the case in web-based
focus groups. By obtaining some general information about the arbitrator
or mediator, together with a web-based focus group analysis of the
pertinent issues, the Trial Consultant/Litigation Strategist can
determine how to "argue" the case in the most effective
manner. The way we approach an arbitration/mediation is significantly
different from that of a trial although this technique is also helpful
for bench trials. This service is often employed for Mediation,
Arbitration, Negotiation, Settlement, as well as Trial.
Mediation Power Point/Settlement Videos
The Trial Consultant suggests various techniques to implement during
the litigation process depending on the particular facts and issues
in the case. For example, an Educational video may be utilized in
order to help the Judge, Mediator, or Jury understand a complex
issue, and an Emotional video, such as a Day in the Life Video,
may be produced in order to affect the amount of damages awarded
in a case.
Opening Statement
Trial Consultant/Litigation Strategist assists in the preparation
of opening/closing statements to properly structure sentences and
paragraphs, choose effective words and use appropriate tone to have
the most impact. Often, the approach and emphasis of an opening
or closing statement can determine how the jury will react, what
they will focus on or believe, and predispose them to a particular
outcome. The Trial Consultant can also suggest an underlying theme,
provide basic story and outline, restructure sentences for optimal
effect, and evaluate and rehearse attorney presentation.
Theme Analysis
You need a theme. Themes are crucial to any case for a number of
reasons, but most importantly to give the jury something to relate
to, to hold on to, to understand and "feel", and to anchor.
The trial consultant is trained to apply psychology to delve into
the psyche of the potential jurors and help implement various strategies
before or during trial in order to structure and hopefully win the
case. Psychology is not an exact science, but every little edge
helps.
Voir Dire Questions
Many trial experts believe that voir dire and opening statement
are where the case is won or lost. Questions are not random. A lot
of thought should go into the information sought, both of a general
nature, and case specific. The Trial Consultant/Litigation Strategist
recommends appropriately worded questions and analogies to help
ferret out the underlying attitudes and values of the jury venire.
Jury Selection
The Trial Consultant/Litigation Strategist attends voir dire with
trial counsel to evaluate juror responses, body language, attitudes,
to assist the attorney in selecting the most favorably disposed
jury possible. Jurors are NOT based solely on Demographics and Stereotypes,
but should be selected based on Life Experiences and Value Beliefs.
This service is approximately $3,000 per day.
Jury Shadowing
Trial Consultant/Litigation Strategist is an observer in the courtroom
during opening, directing/crossing witnesses, and closing to evaluate
the jury, including what they choose to write down, their facial
expressions and body language. This helps predict what is important
to them, what they believe, and what the trial attorney needs to
address (make more clear, stress, counteract, or rebut). Some suggestions
are made based on matching arguments with Juror life experiences.
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