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You wouldn't play in the Super-Bowl without practicing ...
So why risk your client's case? Our litigation services can help you prepare and deliver your case better than anything you can do on your own. We can even finance it through a Lien against the underlying legal claim.
Case Analysis
 Often cases can benefit from insight from an outsider who is not as ingrained in the case as the attorneys. A trial consultant who has experience in understanding how jurors will cognitively process facts can tell attorneys which parts of the case are likely to be problematic for a jury and how to fix the case presentation to deal with those issues. It is a mini-strategy session which can give lawyers a good jumping off point to do further research such as focus groups or mock trials or, in smaller cases, it may be the most cost-effective way to make the case stronger.
Focus Groups and Mock Trials
 Focus groups generally consist of a panel of 8-10 mock juror participants who are randomly recruited to match the trial venue’s demographics. Attorneys along with a trial consultant spend a few hours talking the case through with the participants, either by presenting a summary of each side of the case or by presenting opening arguments. Periodically, a trial consultant will stop the presentation to ask the participants questions concerning the case issues and themes in order to probe into their thought processes. While a single focus group can give attorneys some valuable information, it is generally recommended that attorneys hold two or three focus group sessions in order to test for different sets of issues, approaches, and theories. Focus groups help attorneys shape their case in the most persuasive manner by revealing a case’s strengths, weaknesses, effective presentation exhibits, and areas of concern to jurors. A copy of the focus group is provided to the attorneys for review.
Mock trials consist of a minimum of two or three panels of mock juror participants. Mock trials are a mini presentation of the case. Attorneys present arguments for each side and video depositions of potential witnesses can be shown. Participants are then broken up into deliberation groups and allowed an hour or more to come to a unanimous verdict. A trial consultant will then step in and “moderate” the groups, asking questions which elicit information about the participants’ thought processes, hidden biases, and belief sets. The purpose of having more than one panel of deliberation groups is that any one group could have some strong outliers which control the conversation. If attorneys base their understanding of the case on any single group, they can be greatly misled. Multiple deliberation groups allow for a more well-rounded and accurate picture of how potential jurors are likely to view a case. Similar to focus groups, the mock trial helps attorneys prepare a more persuasive case. By incorporating suggestions from trial consultants concerning weaknesses in the case, ways to make the case stronger and address juror concerns, and feedback about exhibits or witnesses, attorneys walk into court much better prepared.
Focus groups and mock trials are as valuable in preparing for settlement conferences as they are in preparing for trial. Video clips from the focus groups and mock trials can be brought into mediation conferences to show the other side the strength of a case from a juror’s point of view, which can increase (for plaintiffs) or decrease (for defendants) settlement amounts. Focus groups can also give attorneys a means through which they can set client expectations. Often clients think they have strong cases or that they are good witnesses while jurors think otherwise. Video of mock juror deliberations can give clients a perspective of the case they otherwise wouldn’t have and can aid attorneys in getting a client’s permission to settle a case for a more reasonable amount.
Opening Statements and Closing Arguments
 Particularly in a tort reform era, opening statements and closing arguments need some re-vamping from earlier methods. Opening statements shape how jurors will view the rest of the case and there are some tricks to the trade in getting jurors to focus on areas you want to highlight. Closing arguments, while unlikely to win over jurors who are already leaning against you, can be incredibly powerful in arming jurors to fight for you in influential ways in the deliberation room.
There are good and bad ways to structure these statements and consultants who know how jurors reason through a case can help shape these trial components into powerful tools.
Jury Selection
Trial consultants can help in crafting questions for jury selection and/or accompanying the attorney to voir dire. Even if attorneys are skilled at reading jurors and de-selecting jurors off the panel, consultants can help craft questions that are more likely to elicit truthful, comprehensive responses. There are methods of questioning that give jurors more permission to answer controversial topics where they otherwise might give socially acceptable answers.
Witness Preparation
Attorneys often give too little attention to witness preparation, but the demeanor of a witness on the stand can have huge impacts on the way jurors perceive that person and therefore how they process the information that witness gives to the jury. Some witnesses need more help than others and trial consultants can aid the witness in becoming more likeable and presentable.
Post-Trial Juror Interviews
After trial, many attorneys attempt to talk to jurors about the case to find out how they came to a decision. While some valuable information can come from those discussions, jurors are often not very candid when talking to the attorneys whom they know had a stake in the case. They will not reveal their true feelings about the attorneys themselves or their presentation styles and they are sometimes hesitant to voice their true feelings about the clients or the evidence. Trial consultants can elicit more truthful, complete answers to questions as a neutral third party. Whether done over the phone or in person, interviews with jurors after a verdict can aid in preparing future cases and in gaining understanding into how jurors process information at trial.
Costs
Costs for these services vary greatly depending on the needs of the particular case. We can tailor services to match any budget. For those who qualify, all costs can be financed through a lien against the future proceeds of the underlying legal claim. Your Trial Consultant can give you a quote after sitting down and talking about the details of your case.
For more information, contact Innovative Healthcare Financing.
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