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, October 24, 2011

Engage your Jurors!

Out of the hundreds of cases I have been involved with, the biggest mistake attorneys make is not engaging their jurors.  Capturing and sustaining their interest is paramount in winning your case.  Graphics in the courtroom are now mainstream and can really reinforce your message, as well as stories and metaphors.  Which class did you prefer in school?  The one where the track coach read straight out of the book, or the class where the teacher invoked exhibits or a video into the lesson?

I worked on a bribery case for two years, hired by the Defense.  The key element we needed to translate to our mock jurors was that bribery is only bribery if there was an actual return of favor for the enticement.   The exchange has to include the "full circle".  A person an make some unethical and questionable "gifts" to a politician (for example).  However, it isn't bribery, unless the politician returns the gift with a deliberate favor. Explaining "quid pro quo" to a jury is like explaining Search Engine Optimization to my mother. We demonstrated this "full circle" by creating a graphic with a "B" in a circular graphic.  We also introduced stories that the juror could relate to, like offering a gift to a teacher...

We all want to be engaged and stimulated.  Even the most focused and scholarly juror will follow you better when you utilize graphics, stories and key words in your opening and closing arguments.  I have worked with firms that had prepared a PowerPoint presentation for the jury, but , in fact, had just put their script on the slides.  Each slide had paragraphs of writing--BORING!

When creating a PowerPoint presentation:
  -Keep the words at a minimum
  -Invoke graphics to reinforce the message
  -Keep it succinct

Always remember, less is more.  Edit your presentation 2-3 times to reduce redundancies and excess words.  You have such a short time to deliver your message, before a juror becomes bored and starts thinking about whether their child got home safely with the neighbor.  Look for obvious signs of boredom--lack of eye contact or, heaven forbid, yawning.  Look for moments when you pique the juror's interest.  Raised eyebrows or widened eyes usually demonstrate that you have just said something that really interests your jury.
Posted by at