Welcome

The hardest thing about being a jury consultant is having to explain your occupation (at length) at loud places and cocktail parties. I say at length because it takes at least two paragraphs to explain to the non-litigator what this occupation entails. And because I'm so passionate about this unusual industry, my answer usually takes 15 minutes!



Litigation (primarily civil) has always fascinated me! What determines which side in a case will win? The side with the strongest case is not always victorious. And sometimes it can be the smallest, most irrelevant factor that tips the jurors in one diection or the other (spooky, huh?)



Winning a case is as simple as making the folks in the jury box believe in you and your client. It's like selling a candidate's platform to voters, or selling a product to consumers.



The way the case is presented, the presenter (attorney), the likability of the Plaintiff or Defendant, as well as the jury profiles, can all influence the outcome of a trial. What makes a jury award $3 million to a victim of adultery, but only $200,000 to a wrongful death victim?



Mock trials and focus group are all categorized under "pre-trial research". The differences in the two are explained herein, but for convenience, I use them interchangeably, under the umbrella of "pre-trial research".



Whatever the term used, they are one of the most effective tools an attorney can use to prepare for the courtroom. If I didn't think so, I would not have spent almost 20 years perfecting this litigation tool (or weapon, I should say).



However, not all mock trials are created equal...



Many litigation consulting firms have made mock trials so costly and complicated, that they can only be justified for landmark cases. But what about the other 90% of cases, that are just as life-changing and meaningful for the parties involved?



This is what motivated me to create research methodologies that were less expensive, yet yielded dramatic findings. I hope you enjoy my experiences and insights in this intriguing industry.

Call me anytime to discuss your case. 407-556-7734































































































Sunday, February 6, 2011

Don't Try to Win Your Mock Trial

If all clients would approach a research project as a learning experience, and not a contest, the end-results would be more beneficial.  One of the biggest mistakes I've seen in the litigation consulting industry is the client trying to win the mock trial exercise.  Since one side (Plaintiff or Defendant) is sponsoring and paying for the mock trial, it's not too hard to manipulate the information presented to the "jurors".    Imagine walking into the courtroom without your opponent being allowed to speak or cross-examine! 

I've seen attorneys so angry that a juror can't embrace their views, or that the end verdict was not for their side.  I've tried to urge them to concentrate on why that juror holds those perceptions, or what can be said or presented to change those views.  Misconceptions are often founded on misinformation.  Repackaging the message can make a huge difference in the real trial.  Listening to the respondents (mock jurors) can open up so many doors.

The smartest research strategy is to present your opponent's case stronger than yours.  Use every weapon and argument they could possible use at trial.  When making live presentations during mock trials (which I'm mainly against) the clients tend to let the attorney that has lived with the case for two years to present the case to the "jurors".  Then they will select an attorney that is barely familiar with the case to present the opposing side.  The group is swayed by the passion and knowledge of the client.

Once, a Defense firm literally grabbed an associate the day before the research project to present the Plaintiff's side.  The poor guy mispronounced the accident victim's name several times.  The research participants mutilated him in deliberations.  "He obviously doesn't care about his client, he can't even say his name correctly", stated a juror.   And in a moment, the emphasis shifts to the personality of the Plaintiff attorney, who won't even be at the real trial.
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