Services

Our services are designed to give you an understanding of the strengths and weaknesses of your case and to develop a case presentation plan that enables jurors to process, retain, and use the information you provide.  The services described below can be modified to accommodate your needs and resources.

Preliminary Case Assessment

 

After reviewing case pleadings, evidence, and testimony, we suggest case themes, propose strategies for witness development, and identify special concerns about evidence, witnesses, and arguments.  This early evaluation allows an opportunity to shape the development of your case as you consider the prospects for settlement versus trial.

 

 

Focus Groups

 

Guiding small groups of individuals in a discussion of basic issues of your case. This allows us to identify how jurors are likely to frame the case and the cognitive biases/preconceived notions that may help or hurt the client. It also allows us to identify/observe arguments laypersons will make about case issues, so that we can incorporate effective arguments and anticipate counter-arguments for case preparation. Based on this information, we can begin to develop juror profiles for the case.

Online Surveys & Research

 

Exploring the attitudes, beliefs, and experience of everyday persons regarding key issues in the case. Faster and less costly than mock trials, but also yielding less detailed feedback, on-line surveys are most effectively used early in the litigation. Findings from on-line surveys can guide the development of themes and arguments, as well as ensuring that any subsequent mock trial focuses on the most relevant issues.

 

Witness Preparation

 

Talking with witnesses to help them gain familiarity with the deposition and trial process. Because most witnesses are unfamiliar with and somewhat intimidated by courtroom settings, this exercise allows them the opportunity to learn what to expect and to attain a level of comfort in being able to offer their testimony in an honest and believable manner.

Venue Analysis

 

Providing a thorough description of the demographic characteristics of the venue and what that means for your upcoming trial. We explore the venue's economic, social, and political profile, as well as issues of special concern to the community.  And we assess how these factors may impact prospective jurors and influence how they may view your case. 

Mock Trials

 

The trial team presents abbreviated plaintiff and defense versions of the case, including key pieces of evidence and testimony to research jurors. Jurors then deliberate to a verdict. We assist in developing the presentations and observe and analyze jurors as they respond. This approach allows us to test case themes, get feedback on responses to opposing arguments and documents, and identify the strengths and weaknesses of the case. It also provides valuable information for constructing juror profiles.

Opening/Closing Review

 

Reviewing opening statement and closing argument presentations and suggesting ways to increase, if necessary, their clarity and effectiveness for communication with jurors. This includes an analysis of graphics.

Voir Dire Preparation

 

Drafting a Supplemental Juror Questionnaire for use at trial, guiding negotiations of the SJQ with the Court and opposing counsel, and developing questions for oral voir dire, based on case-specific research and our experience.

Jury Selection Assistance

 

Providing assistance in the preparation for jury selection as well as in-court assistance with jury selection. We draft and score juror questionnaires, recommend follow-up questions, evaluate jurors' voir dire responses and provide suggestions on exercising strikes.

Daily Trial Observations

 

Attending the trial and identifying the points most likely understood and retained by jurors, as well as any areas of possible confusion. We also provide feedback on witness effectiveness. Information can be provided at the end of each day, if desired, in a brief written summary. 

Post-Trial Interviews

 

Interviewing jurors post-verdict to discuss how they evaluated the evidence, what drove their decisions, their opinion of trial witnesses, including experts, and the effectiveness of specific tactics. Interviews are typically conducted individually and we report on our findings.