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































































































Monday, February 7, 2011

Never Invite the Plaintiff or Defendant to a Research Session

For a focus group or mock trial to produce the most usable feedback, sometimes the moderator/consultant has to play devil's advocate to get to the bottom of the participants' opinions and biases.  This means challenging the depth of the respondents' views, or forcing the participant to defend his/her views.

While I have had the privilege of working on a myriad of cases over the years, I have actually worked on three alienation of affection cases.  Simply, if a spouse cheats in a marriage, the other spouse can sue the "mistress" for damages.  All three alienation cases I have worked on involved the wife having the affair, and the husband had filed a claim against the man with whom she was having the affair.  This could be due to male pride, or the fact that there is generally more money to be sought from a man than a woman (most mistresses don't earn $300k/year).

In one case, the Plaintiff had been a house husband.  His wife was a physician and had an affair with a surgeon.  Without warning, my client (Plaintiff firm) brought the husband to the research session.  Immediately, I knew that I would not be able to thoroughly probe the respondents' biases against a man wanting to sue another man for millions, as well as the stigma in the South against house husbands.

As luck would have it, once the round table discussions began, the "good ole boys" in the group had some choice words for the Plaintiff.  I felt very uncomfortable exploring those views with the husband right behind the one-way mirror.  Finally, we took a short break and I relayed my concerns to my client.  He sent his client away early, and we ended up getting some great information.  The Plaintiff was actually awarded $3 million at trial!
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