The
main reason the jury system is respected is the public expects it to be unbiased.
United
States Supreme Court Justice John Marshal The
Jury Bias Model Techniques Our
team uses the Jury Bias Model to evaluate data gathered using various
litigation research techniques: - Pre-trial
Services:
- Focus groups;
- Mock
trials;
- Juror profile surveys;
- Metaphor research;
- Identification
of mental shortcuts;
- Graphics development;
- Brainstorming;
- Developing
talking points;
- Writing opening
statements;
- Witness preparation;
- Priming strategies; and
- Developing
jury selection strategies.
- Jury
Selection and Voir Dire:
- Analysis
of supplemental juror questionnaires;
- Assistance
in voir dire and jury selection in court; and
- Communication
analysis.
Back
to top Should
I Take This Case? If
you are considering taking a case that you know will be very expensive, we strongly
suggest conducting one or two focus groups using the Jury Bias Model
to help make this crucial decision. The information you will glean from this process
will be invaluable, should you take the case. Equally as important, you may save
tremendous time and expense by identifying an un-winnable case before you are
committed. Back
to top Analyzing
the Case for Strategy. The
Jury Bias Model is most effective when it is applied in the earliest
stages of the litigation process, so the trial lawyer can use the model to engage
in discovery, with the goal that he will be implementing the model at trial. For
this reason, we recommend meeting with you for at least a one-day brainstorming
session at the outset of your case. In this session or sessions, we will use the
model to help develop a preliminary litigation strategy that will motivate jurors
to adopt your trial story. Our
team uses the Jury Bias Model to evaluate data gathered using various
litigation research techniques: -
Pretrial jury research.
- Focus
groups
- Trial simulations, and
- Juror
profile surveys.
- Pretrial
investigation.
- Jury selection and
voir dire - juror questionnaires, in-court questioning of the venire, behavioral
and non-verbal communication analysis.
Back
to top Only
A Few Weeks Out From Trial? Although
the best strategy is to utilize the Jury Bias Model from the outset
of your case, we have implemented it successfully within just weeks of trial.
The Model is effective when applied in every phase of trial, so it is almost never
too late to strengthen your approach. Back
to top Focus
Groups - A Systemic Approach To Trial Strategy I
know of no safe depository of the ultimate powers of society but the people themselves;
and if we think them not enlightened enough to exercise their control with a wholesome
discretion, the remedy is not to take it from them, but to inform their discretion.
Thomas Jefferson
Although
we can assist you at any point during trial, focus groups are most beneficial
if they are used strategically, from the inception of the case through discovery
and trial preparation. We recommend conducting a focus group before any depositions
are taken to help identify and evaluate issues about your case and the parties
involved that will interest jurors most. This group will be designed to explore
difficulties may encounter in evaluating the behavior and actions of the parties
to the lawsuit. Focus
groups are invaluable litigation tools for developing a compelling case. They
are as basic to trial preparation as depositions or interrogatories, and perhaps
more essential. That's because focus groups enable you to test trial strategies
in practice, not theory, and question participants in detail concerning their
feelings about your case. Focus
groups also elicit spontaneous reactions and present an opportunity to observe
group dynamics and organizational techniques used by the participants. If used
correctly, they will help you position the case for settlement or trial. Back
to top How
Many Focus Groups? ÒThe
Court's only armor is the cloak of public trust; its sole ammunition, the collective
hopes of our society.Ó
The Honorable Irving R. Kaufman Judge, U.S. Court of Appeals, 2nd Circuit
Focus
groups can minimize the impact of negative juror bias, especially when a systematic
approach is used multiple times prior to trial. Typically,
one or two focus groups will be insufficient to test your case. Most lawsuits
involve a multitude of issues that can sway jurors and impact trial outcomes.
And most jurors walk into court with an arsenal of deep-seated attitudes that
can sabotage your ability to prevail. In today's anti-plaintiff environment, conducting
a series of focus groups successively throughout the pre-trial investigation period
will help ensure that you are thoroughly prepared for trial. Once
the pre-trial research is complete, we can assist you with preparing the evidence
to overcome jurors' inherent biases, connect with them on a personal level and
persuade them to accept your trial story. The Jury Bias Model also
can yield valuable insights when applied in later phases of trial preparation. Back
to top Post-Trial
Jury Interviews "[The
jury is] one of the principles [that] form the bright constellation which has
gone before us, and guided our steps through an age of revolution and reformation."
Thomas
Jefferson In his first Inaugural Address March 4, 1801 Our
in-depth post-trial interviews yield valuable insights into the juror deliberation
process. In short, this is when jurors reveal what they really think. Because
jurors are more relaxed in a post-trial setting with a neutral third party, they
are more candid about how they made their decisions; which issues and evidence
drove their conclusions; identifying ineffective arguments; evaluating witnesses
and trial presentations; and revealing how damages were calculated. Post-trial
jury interviews are highly informative, providing feedback that provides a blueprint
for preparing for the next case with similar issues. They are a fundamental, yet
often overlooked, litigation technique used by the best trial attorneys to sharpen
their instincts and improve preparations for future cases. Back
to top The
First Focus Group in the series. Before
any deposition is taken, a focus group should be conducted to evaluate the issues
that jurors most want to know concerning the conduct of the parties. At the trial,
jurors will discuss the conduct of the parties in making judgments about who should
win. The focus group will be designed to explore the difficulties jurors may encounter
explaining that the parties acted reasonably. For instance, has the plaintiff
behaved in a manner that jurors find unreasonable, incredible and unusual? Similarly,
has the defendant behaved in a manner that jurors will find unexpected, unusual
or abnormal? Back
to top Focus
Groups at Varying Points in the Case. Focus
groups should be conducted at varying points in the case. Back
to top Psychological
Aspects Of The Trial. Once
the pre-trial research is complete, we can assist you with the preparation of
the psychological aspects of the trial: the development of a strategy to present
the evidence persuasively. Back
to top From
Graphics to Preparing Witnesses to Trial Feedback. We
can assist you in graphics development, priming strategy, theme and metaphor strategy,
staying on message, talking points, opening statement, preparing witnesses, ordering
of evidence and closing argument. In
addition, we can assist with jury selection using the Jury Bias Model
and cutting edge analysis. Finally, we will attend the trial and assist you
with day-to-day feedback to adjust your presentation based upon the real-time
developments that occurs at trial. Back
to top
Comprehensive
Litigation Support "You
will be the judges of fact. You are the sole and exclusive judges of what the
truth is. You will bring with you here your common sense." The
Honorable Russell R. Leggett Westchester County Court Judge (To prospective
jurors in the murder trial of Jean Harris Ð1986) Our
team offers a full slate of litigation support, including jury selection, priming
strategy, theme and metaphor strategy, message development and delivery, talking
points, graphics development, opening statement, witness preparation, ordering
of evidence and closing argument. Our consultants attend trial and assist you
with day-to-day feedback to adjust your presentation based on real-time developments,
as they occur. Finally, we offer a full-range of pre- and post-trial publicity
services, media coordination, broadcast and print advertising. Back
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