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The Center for Trial Insights, Inc.: Profile of Services
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Profile of Services
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Case Consultations - The consultant may first review important documents and then confer with attorneys on what issues will be most important to jurors. Problem areas of the case are identified and possible clarifications and alternative approaches are suggested. Recommendations for further jury research may be another result.
Issue Identification Groups - Early in the case – possibly even before much discovery is complete – a group of jury eligibles can be recruited to hear a brief summary of the primary case. This material can be presented to the assembled group by the consultant alone or by attorneys in an adversarial format. Subsequent discussions and debriefings with the group, as well as written feedback, provide essential “juror based” themes. These themes can become the focus for subsequent discovery or juror research and provide a foundation on which to build a case which jurors will understand.
Focus Groups - After discovery is at least partially complete, focus groups can be an efficient testing ground for case themes and related arguments. Attorneys present a summary of both sides of the case – including exhibits and key witness testimony – to a panel randomly selected from among the targeted jury pool. The group is then debriefed by a consultant and jurors complete questionnaires. A variation, called a Deliberation Group, includes convening participants in “jury rooms” at the end of the presentation, so they can deliberate on the anticipated jury questions.
Trial Simulations - Trial simulations, also called test or mock trials, mirror the adversarial situation in which each side of a case is argued in front of a panel that is similar to the anticipated jury. The format gives witnesses and attorneys a “dry run,” and offers the opportunity to test and refine promising arguments developed from earlier research. Exhibits should be tested, and the anticipated jury charge and questions should be utilized in deliberations by two to four “juries.” Analysis of videotape of jury reactions to the jury questions provides some of the most important information in understanding the ultimate strengths and weaknesses of the case. Results of the mock trial also are incorporated into strategies for jury selection and argument.
Voir Dire and Jury Selection - Effective application of pre-trial research prepares the attorneys for a voir dire which can best identify and eliminate jurors who are not likely to be responsive to their case. CTI consultants are highly experienced in writing productive voir dire questions based on pre-trial research results, and also can provide pertinent supplemental juror questionnaires. One or more consultants can be present for in-court jury selection to assist in analyzing the immediate verbal and behavioral responses of potential jurors, particularly when compared to similar information obtained from mock jurors.
Gallery Jury and Jury Observations - A gallery jury can be recruited to sit in the courtroom and hear all information that the trial jury hears, and can then provide daily feedback. CTI can provide a gallery jury consultation throughout the trial, or only for opening statements. At the end of the day, jury eligibles who have inconspicuously observed proceedings in the live courtroom setting complete questionnaires and are debriefed by a CTI consultant. That same evening, attorneys are provided immediate feedback regarding these participants’ reactions to themes, styles, leanings, and evidence.
Alternatively, the consultant alone may be present for Jury Observations — without the jury eligibles. By focusing on the actual jurors, the consultant may be able to provide clues about which issues receive the most positive and negative attention. In some cases the consultant remains to observe the jury throughout the trial, providing written commentary to the trial team and participating in nightly strategy sessions.
Community Attitude Survey - A brief telephone survey can be important in assessing the general responses of types of potential jurors to key issues. This data can be helpful in preparing for voir dire. Survey results also can provide persuasive evidence of existing prejudicial attitudes that could affect a client’s ability to obtain a fair jury trial, and these results may support change of venue motions.
Witness Evaluation and Preparation - A consultant skilled in psychology and communications will assess the probable impact of a witness and his or her testimony on the jury and judge. Communication strengths are assessed and vulnerabilities noted, often while utilizing video taping. The consultant then works with the lawyer and the witness to increase effectiveness and enhance credibility. This preparation for a witness can have particular impact when it occurs prior to depositions and is extremely important in preparation for the unique challenge of video depositions.
Post-Trial Juror Interviews - Debriefing jurors after the verdict can provide valuable insight for future trials, as well as information that may be useful on appeal. Unless disallowed by the judge or by statute, post-trial interviews permit the trial team and client to view the trial process from the jurors’ point of view, pinpointing which arguments jurors found most persuasive, identifying the most convincing witnesses, and providing useful evaluations of exhibits. Jurors often share with the interviewer the point of information on which the entire case turned. These interviews can occur by telephone or, at times, the trial jury can be reassembled for a group debriefing.
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Professional Organizations
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- American Immigration Lawyers Association
- American Bar Association
- American Arbitration Association
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