Before, During, and After Trial
Before Trial
Case evaluation and risk assessment
We can help you determine your chances of prevailing and the range of your potential exposure or recovery. This is done through the use of surrogate juries, our database and consultation. Using our services to help you resolve a case early in the process has enormous benefits.
Development and testing of case themes and strategies
Through mock juries and consultation, we can put you in the position of being able to tell a compelling and persuasive story to the jury. We custom design our research using the latest technology and techniques. Given our experience with real trials, our recommendations are always practical. We are known for the persuasive “storylines” we provide clients.
Witness evaluation and preparation
We have worked with hundreds of witnesses including CEOs, experts, and foreign witnesses. Our witness school and witness research are proven methods that help your witnesses communicate persuasively and credibly. We can also use our methods to help you decide which witnesses to use.
Development of juror profiles and questionnaires
Our statistical techniques and experience will provide you with a picture of the jurors you will want to strike. Having written dozens of juror questionnaires, we can tailor one for you that works in your venue and which the judge will be amenable to.
Venue analysis and change of venue
Often you have some control over where your case will be tried. We can help you determine which venue will have jurors who will be most receptive to your case. We have also testified as experts both for and against change of venue motions.
Attorney trial skills training
We know the difference between a good litigator and a good trial attorney. We help attorneys acquire the skills to effectively communicate to a jury. This can be done in one-on-one sessions or in workshops.
Development of visual strategy
Too often demonstratives are poorly designed, try to communicate too much, and detract from the key message. We work with the graphics people to ensure that demonstratives explain complex information, communicate key themes, and persuade jurors.
Expert testimony on jury issues
In addition to change of venue issues, we have served as experts on a variety of jury issues including voir dire, jury selection procedures and the ability to get a fair trial.
Communication of complex information
Most of the cases we are retained for are very complex. They often involve cutting edge science and technology. We understand the psychological tools jurors use for processing complex information. We help our clients simplify, edit and organize information so that it is effectively communicated.
During Trial
Assistance with jury selection and voir dire
Even in venues with limited voir dire, we can make sure that you exercise your strikes as effectively as possible. We develop counter intuitive questions and warn you against questions that may help the other side more than you.
Trial monitoring
Many of our clients have us in the courtroom to provide feedback on how the trial is going. We can tell you if witnesses are getting their points across, how jurors are reacting, and give you recommendations on how to improve your performance.
Shadow juries
We recruit and supervise shadow jurors who monitor the trial each day. We debrief them and provide you with a summary of their feedback and our recommendations. We can provide the technology so that shadow jurors can view the trial off-site.
Witness preparation
We continually work with witnesses during trial to make sure that they are able to stay on message and use their cross examinations to further your case.
Assistance with opening statements and closing arguments
Often we are asked to write outlines of opening statements and closing arguments. By understanding jury psychology, we can draft forceful openings and closings that inoculate against the other side and which live in the memories of the jurors.
Virtual Shadow Jury (VSJ)
What if you knew what jurors thought about your case during trial? Imagine changing your arguments based on feedback from jurors, while you are in trial. With our virtual shadow jury service, we recruit jurors from the venue to watch trial proceedings off-site, with the help of our exclusive agreement with Courtroom View Network. At the end of each day, we debrief the jurors, get their feedback, and send you a report of what jurors thought and our recommendations for strategy. There is no effort on your part, and you don't have to worry about the disruptive presence of shadow jurors in the courtroom.
After Trial
Post-trial juror interviews
We have developed a protocol for interviewing jurors post-trial. Often jurors are less frank when interviewed by members of the trial team. We are able to get them to open up and provide their true opinions.
