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The Litigation Consulting Report

5 Reasons Why Jury Consulting Is Very Important

Posted by Tony Klapper on Tue, Oct 18, 2016 @ 03:45 PM

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iStock_50484796_SMALL.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

When I was a practicing lawyer, trying high-stakes cases in the major law firm world, many of my colleagues would often cast doubt on the need for jury consultants and mock trials. They would say that as experienced trial lawyers, they already had a good feel for a jury and for the art of persuasion. In addition, lawyers would argue that very few reliable conclusions could be drawn from the attitudes and outlooks of a small number of mock jurors. Actually, this is a rather short-sighted way to approach the topic. A jury consultant can add immeasurable value to a trial team’s efforts in any number of ways. Here are five of them: 

  1. Theme development. Working with a mock jury provides invaluable research into what themes will work with the actual jury and what themes will not work. The mock jury will get a chance to hear several proposed themes for your side, as well as the way in which the opposition can be expected to rebut those themes. Interviewing the mock jurors will shed considerable light on what works for them, emotionally, and what does not.
  1. Message clarity. Many lawyers on a trial team get lost in the weeds and develop countless lines of information without any concern for whether they contribute to their side’s main narrative. It is very easy to review documents for their own sake without any consideration of why they should care about the documents. A mock trial will force all those attorneys to focus on the facts that really matter to their case and will provide the needed discipline.
  1. Development of visuals. A mock trial is a trial run for your visuals as well as for your theme development. It’s a way of “pressure-testing” the litigation graphics that your side has planned to use and seeing if they work in the real world. Ask your mock jurors whether or not the proposed visuals did enough to make the complex ideas of the case easy to understand for a nonlawyer. If they jurors are still perplexed about your case, they will tell you that in no uncertain terms. Be prepared to ditch the graphics that you have been using and to develop different ones, or to add new ones.
  1. Juror attitudes. After a mock trial, you will have a much better idea of what kinds of people are not going to be good jurors for your side. By interviewing the jurors after the mock, you will get a sense of whose world view will fit in perfectly with your message and whose view is quite the opposite to your message. You will never have a real jury that’s 100 percent on your side, but a mock trial will help you increase that percentage. Those jurors who see the world the way you do can and will be your “advocates” on the jury during deliberations.
  1. Support for your recommendations. Sometimes you as a trial consultant will have some difficulty getting your client to accept your view of the case. A mock trial can provide the support that you may need. A mock jury is another set of eyes that will evaluate your case independently and may see things the way that you do. In any case, a mock trial is a good way for everyone on your team to park their egos and listen.

Articles from A2L Consulting about jury consulting, mock trials, litigation consulting, and trial consulting: 

Jury Consulting Mock Trial

 

Tags: Trial Graphics, Litigation Graphics, Jury Consulting, Mock Trial, Demonstrative Evidence, Juries, Jury Consultants

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Authors

KenLopez resized 152

Ken Lopez founded A2L Consulting in 1995. The firm has since worked with litigators from all major law firms on more than 10,000 cases with over $2 trillion cumulatively at stake.  The A2L team is comprised of psychologists, jury consultants, trial consultants, litigation consultants, attorneys and information designers who provide jury consulting, litigation graphics and trial technology.  Ken Lopez can be reached at lopez@A2LC.com.


tony-klapper-headshot-500x500.jpg 

Tony Klapper joined A2L Consulting after accumulating 20 years of litigation experience while a partner at both Reed Smith and Kirkland & Ellis. Today, he is the Managing Director of Litigation Consulting and General Counsel for A2L Consulting. Tony has significant litigation experience in products liability, toxic tort, employment, financial services, government contract, insurance, and other commercial disputes.  In those matters, he has almost always been the point person for demonstrative evidence and narrative development on his trial teams. Tony can be reached at klapper@a2lc.com.


dr laurie kuslansky jury consultant a2l consulting







Laurie R. Kuslansky, Ph.D., Managing Director, Trial & Jury Consulting, has conducted over 400 mock trials in more than 1,000 litigation engagements over the past 20 years. Dr. Kuslansky's goal is to provide the highest level of personalized client service possible whether one's need involves a mock trial, witness preparation, jury selection or a mock exercise not involving a jury. Dr. Kuslansky can be reached at kuslansky@A2LC.com.

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