by Ken Lopez
I think that a lot of in-house counsel don’t know that litigation consultants exist in the role that they play today. Trials are so rare these days that this is understandable. But high-quality litigation consultants are in business quite precisely because trial is so rare.
Top litigation consultants go to trial dozens of times per year, while even the best and highest-profile litigation attorneys go to trial once every several years at most.
Litigation consultants help inform litigators about new trends both in rhetoric and in visual presentation and help provide litigators with a knowledgeable sounding board. They are trusted advisors focused on winning. Yet many top litigators are resistant to using litigation consultants or, if they have them, they don't use them to their best advantage.
I'm pretty sure that any in-house counsel would see the value of hiring someone simply to offer opinions about the case, who either has been a litigator or is a jury consultant with tons of trial experience. Common sense tells you this is good for the client. Yet many litigators still resist.
Can you imagine an athlete who used to play a game many times a year who takes a multi-year break not using a coach of some sort to come back up to speed? It wouldn't make sense. Yet in-house counsel allow litigators to do this all the time.
Here are seven useful insights that the client misses out on when litigation consultants are underutilized.
1. The power of storytelling. We know that jurors learn and understand a case by viewing it as a story.
- Free Webinar - Watch Anytime - Storytelling as a Persuasion Tool
- Storytelling Proven to be Scientifically More Persuasive
- 5 Keys to Telling a Compelling Story in the Courtroom
2. The structure of storytelling. A story needs to have a distinct beginning, middle and end.
- DOWNLOAD: Storytelling for Litigators E-Book
- Storytelling at Trial - Will Your Story Be Used?
- Are You Smarter Than a Soap Opera Writer?
3. The most persuasive order to present a case. An experienced consultant knows how to build a case in a persuasive way.
- Don't Be Just Another Timeline Trial Lawyer
- The Opening Statement Toolkit — Complimentary Download
- How to Structure Your Next Speech, Opening Statement or Presentation
4. Practice. Simply by acting as a sounding board, a top consultant induces a trial lawyer to step up his or her game by constant practice.
- Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well
- 3 Ways to Force Yourself to Practice Your Trial Presentation
- The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation
5. A good visual strategy. Most litigators understand trial practice but they are not familiar with the latest research on how to present ideas visually.
- Planning For Courtroom Persuasion? Use a Two-Track Trial Strategy
- How I Used Litigation Graphics as a Litigator and How You Could Too
- 21 Reasons a Litigator Is Your Best Litigation Graphics Consultant
- 6 Triggers That Prompt a Call to Your Litigation Consultant
6. Avoiding silly mistakes. Just one misconception, if it is not caught in advance by a consultant and shot down, can lose a case.
- The 14 Most Preventable Trial Preparation Mistakes
- The 12 Worst PowerPoint Mistakes Litigators Make
- 24 Mistakes That Make For a DeMONSTERative Evidence Nightmare
- 6 Trial Presentation Errors Lawyers Can Easily Avoid
- 11 Problems with Mock Trials and How to Avoid Them
7. The insights of a person focused on winning not ego. Consultants have been in court hundreds of times. They know what wins.
- Accepting Litigation Consulting is the New Hurdle for Litigators
- The Very Best Use of Coaches in Trial Preparation
- Litigator & Litigation Consultant Value Added: A "Simple" Final Product
- With So Few Trials, Where Do You Find Trial Experience Now?
- 9 Things In-House Counsel Say About Outside Litigation Counsel