Offering the Full Suite of Jury Research and Trial Consultation Services
Whether pre-trial or at trial, case consultation with our jury experts adds a unique perspective. Jurors are different from attorneys; they do not so much weigh evidence as they create stories based on the evidence. The art of trial consultation consists of weaving the case characters and facts into the story the jurors see as most favorable to your client.
Our trial consultants can help you develop persuasive graphics, plan an effective voir dire, construct powerful opening and closing arguments, prepare witnesses before and during trial and help you make adjustments as trial progresses.
Our background in jury selection is extensive. One example is a record-breaking six-week jury selection against an attorney renowned for winning cases in jury selection. Once the jury was selected, they settled at our number.
We also conducted the successful jury selection for the defense in State v. Mangano where savage media vilification of the defendants had horribly biased the jury pool.
Shadow juries are carefully selected surrogate jurors, matched to the actual jurors, who attend the actual trial. Interviewed at the end of each day, their reactions guide trial strategy in real time. Our system for choosing, debriefing and analyzing the shadow’s reactions has resulted in extraordinary successes at trial.
Witness preparation makes a direct contribution to the quality of your case. It improves your evidence. As much as witnesses need factual preparation, they also need psychological preparation because testifying is an intellectual and psychological challenge. Whether trial testimony, video deposition or simply a text deposition, meeting the challenge begins with proper education. We have a core curriculum suitable for all witnesses and we tailor the training according to the witness.
The Core Curriculum - The Rules and Rights for Witnesses
Our core curriculum teaches that the rules for effective testifying are also the witness's rights. When the witness owns the rules as their rights, they feel empowered to assert their rights and follow the rules. The curriculum teaches a psychological method for answering that keeps the mind clear of distractions posed by opposing counsel.
Our core curriculum combined with document review and practice Q&A is sufficient for text depositions. Video depositions require more as video transforms the deposition into trial testimony. Video depositions are becoming more common and video depositions are being shown at trial, sometimes before the witness takes the stand, sometimes even in opening argument.
At trial, you want your witness to answer to the jurors. The same is true in a video deposition, which means learning the skill of answering to the camera. When preparing a witness for a video deposition, we bring a video camera and we teach the skill. We have a 100% success rate getting video deponents to calmly and cordially answer to the jury in the camera.
Just as a witness preparing for a video deposition should get comfortable with the camera, a witness getting ready for trial testimony should get familiar with testifying before jurors. Trial Solutions pioneered the use of Juror-Assisted Witness Preparation. The video at left gives a full explanation of this technique.
Juror-Assisted Witness Training begins with our core curriculum - The Rules and Rights for Witnesses - and review of the facts, documents, materials, etc., relevant to the content of the testimony. The witness is then seated at a table with a small group of jurors who have been given an overview to the case.
Testimony begins with direct and cross-examination conducted by attorneys after which the jurors pose questions direct to the witness.
Nothing teaches the informal, friendly, look-you-in-the-eye style of testifying as sitting at a table with jurors. At the final stage, the jurors give the witness their suggestions for how the witness can improve at trial.
The jurors will tell the witness what parts of their testimony make sense and where they have questions. This technique is powerful because it is much easier for a witness to take the jurors’ feedback to heart and much more difficult for the witness to ignore or forget it.
We provide you with a complete range of trial support services so that all communication in the courtroom is clear and efficient. We are highly proficient in the use of Trial Director, so we can help you develop and deploy a modern and successful courtroom presentation.