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The Litigation Consulting Report

Winning BEFORE Trial - Part 1 - Consider Litigation Costs and Opportunities

Posted by Ryan Flax on Wed, Aug 5, 2015 @ 01:59 PM

 

pre-trial-graphics-litigation-consultantsby Ryan H. Flax
(Former) Managing Director, Litigation Consulting and General Counsel
A2L Consulting

High-stakes litigation is hugely expensive these days. But what if there were a means of reducing litigation costs in a way that helps both the trial team and the client and doesn’t sacrifice the quality of legal representation? That would make in-house counsel very happy, since an important part of their job is to budget and control litigation costs. There are a number of ways to do this, such as using alternative fee arrangements, streamlining litigation teams and bringing e-discovery in house.

But what about a more radical step – trying to win your case well before trial? That would indeed be a cost saver and would lead to an excellent result.

Let’s first look at how expensive this type of litigation can be. A piece of employment litigation that is in the top 25 percent of costs (but not in the top one percent or anything like that), costs close to $1 million by the end of discovery – and that’s before closing arguments. And the costs are mostly borne by the defendant.

Or consider a typical patent infringement case – say, one that involves possible damages of $1 million to $10 million. This kind of case usually ends up costing more than twice as much as that employment case. By the time discovery is over in the patent case, you’re well past the $1 million mark in costs. Other types of cases – antitrust, environmental, contract cases and the like – are not quite as expensive, but costs add up there too.

how-much-does-litigation-cost

But it doesn’t have to work out that way. There are quite a few ways of winning a case without a trial.

First, we all know about dispositive motions – motions to dismiss, summary judgment motions, motions related to venue and jurisdiction, and the like. These can end a case before trial, but after the filing of a brief and usually an oral argument.

Second, a Markman hearing is a special type of proceeding in a patent case in which the court hears argument (and sometimes some expert testimony) and decides what the patented invention actually is by interpreting the patent claims and resolving disputes over claim language.

Third, a pre-indictment meeting is one that takes place when your client is under investigation by the government and you would reasonably expect charges to be presented against it. This usually involves an attempt by counsel to persuade the government to drop a case before it begins.

Finally, we all know about mediation, arbitration and settlement.

All of these are out-of-court occasions in which lawyers have a chance to argue their clients’ cases before trial. They can happen in lieu of a trial or just before a possible trial.

What do all of these have in common? They are all opportunities, before trial, to begin winning your case by using the best practices of case framing and persuasion.  If you can raise your game in these situations, if you can persuade the court or opposing counsel or the opposing party or a mediator or the opposition’s star witness that you’re a winner, how much better off would you be?

In our next post, we will discuss more about these best practices and how they can help you win. To be notified when subsequent articles are published, click here.

Additional articles and resources focused on pre-trial strategy and trial preparation from A2L Consulting:

* Chart data is based on 2013 Court Statistics Project Caseload Highlights, RAND Institute for Civil Justice “Where the Money Goes, Understanding Litigant Expenditures for Producing Electronic Discovery” (2012) and 2013 AIPLA data.

pretrial trial graphics motions briefs hearings

Tags: Economics, Markman Hearings, Arbitration/Mediation, Trial Preparation, Pricing, White Collar, Settlement, Briefs

[New Webinar] Winning Cases BEFORE Trial Using Persuasive Graphics

Posted by Ken Lopez on Tue, Jul 7, 2015 @ 04:41 PM

 

A2L-pre-trial-graphics-tallby Ken Lopez
Founder/CEO
A2L Consulting

We at A2L are sponsoring later this month a new and exciting webinar entitled “Winning Your Case BEFORE Trial Using Persuasive Litigation Graphics.” Whether you are in-house counsel, outside counsel, or a member of a litigation support team, this 60-minute webinar will prove invaluable and will reveal secrets of persuasion that will help you win cases before trial.

The key insight here is that graphics aren’t only for use at trial. They can also be used very effectively in motions and briefs presented to judges, even if jurors will never see them. If you are planning to use graphics to make your argument or tell your story at trial, why not use them at an earlier stage to make your argument convincingly in your brief or motion?

In addition, a lawyer who introduces graphics early in a proceeding can lay the groundwork for later use at trial or in another aspect of the case. This can also give the lawyer a sense of how receptive the judge is to the use of trial graphics in the case.

In fact, you’d be amazed at the different ways in which litigation graphics can be used. We have seen them deployed effectively in all of the following:

  •       Motions and briefs before judges
  •       Pretrial depositions
  •       Mock trials
  •       Alternative dispute resolution hearings
  •       Class certification hearings
  •       Lobbying presentations
  •       E-discovery disputes
  •       Settlement talks
  •       Pre-indictment meetings with prosecutors

Even if you can't make it to the live webinar later this month – it will take place July 29 at 1:30pm EST -- you'll receive access to the recorded version just for registering.  The presenter, A2L's Managing Director of Litigation Consulting, Ryan H. Flax, Esq., regularly works with top trial teams to help develop, refine and test storylines and persuasive graphics for briefs, hearings, depositions, ADR, tutorials, and pre-indictment presentations.

The topics of the webinar will include:

  • Why and how to frame your case as a story from the very beginning
  • Putting effective graphics in unexpected places: depositions, ADR and hearings
  • Techniques for persuading skeptical audiences with graphics
  • Using litigation graphics persuasively in briefs and motions

We hope to see you at the webinar later this month. Click here to reserve your free seat or be notified when the recorded version is available.

pretrial trial graphics motions briefs hearings

Tags: Markman Hearings, Trial Graphics, Litigation Graphics, Mock Trial, Arbitration/Mediation, Persuasive Graphics, Settlement, Briefs

Don't Be the 2% - 6 Ways to Encourage Settlement with Trial Prep

Posted by Laurie Kuslansky on Wed, Apr 2, 2014 @ 11:47 AM

 

encourage settlement case legal law trial prepLaurie R. Kuslansky, Ph.D.
Managing Director, Litigation Consulting
A2L Consulting

While we have seen a decline in the number of cases that actually get tried, as opposed to the ones that get dismissed or settled, it is a small fraction. What does it take to be in that roughly 2% of cases that make it to trial?

  1. An unreasonable party or two, whether because it is personal, unrealistic expectations of a client unwilling to listen to counsel’s opinion, a desire to avoid finality without the ability to appeal, and the like.
  2. Parties play chicken and wait too long to initiate a settlement dialogue.
  3. Parties are too far apart in settlement discussions.
  4. Clients fear the impression a settlement may make for the future.

If you don’t want to be in that 2% and you want to encourage settlement, what are your options to avoid it successfully?

There are various choices one can make before reaching the courthouse steps to avoid getting into the courtroom. What we find is that until trial, “preparation” in earnest and the investment in it are not as significant as they may warrant if avoiding the courtroom is the better option.  For example, the better your client comes out of discovery, the better armed you will be for settlement.  What can you do to emerge with the upper hand during the trial preparation phase?

  1. Spend more time preparing and more time practicing with the witnesses who will be deposed. Instead of spending just the few days prior, reviewing stacks of documents and cramming for the “test,” consider earlier preparation to address the witness’ concerns, addressing their bad habits and anxiety so that the final preparation is more successful.
     
  2. Videotape practice sessions and have someone unfamiliar to the witness, but familiar with the opponent’s case, handle the mock deposition questioning so that you can see the witness’ reactions under fire and preserve your relationship with the witness.

    storytelling for judge jury courtroom best method for trial persuasion and emotion

     
  3. Consider early mock-jury testing of the case in a de minimis fashion, at least, in order to test the issues that would matter if it got to trial so you can approach discovery more strategically.  In addition, if your client over-estimates the power of their case, a mock exercise can be a powerful reality check that helps you to manage them and their expectations.
     
  4. Early research can also arm counsel, while there’s still time, to identify the types of experts that would be sought by jurors, the testimony that would matter, and vice versa. Sometimes, an area of expert testimony that can fill a gaping hole isn’t identified until it is too late to add to the line-up of witnesses.
     
  5. Consider testing how mock jurors react to key witnesses and their expected testimony to learn where they fall short, opportunities to exploit opposing witnesses’ weaknesses and to shore up those in your witnesses.
     
  6. Instead of having a paralegal or associate who isn’t trained in graphics prepare what you submit to the court for key hearings or settlement, hire a litigation graphics professional to put your best foot forward to gain an early advantage by making your positions clear and more compelling.

In hindsight, the cost of these options pales in contrast to the cost of trial. In addition, if you do conduct proper pretrial mock-jury research and the results are favorable, you can select the helpful data to share with a mediator to support your position with objective information rather than just optimism, opinion or paid advocacy. A common challenge from your opponent may be that you underrepresented their position at the research, so it would be wise to make sure to do a robust presentation for them, record it, and consider providing a copy of the presentation to the mediator so you can back up the fact that you did a solid test. It will also send your opponent the message that you are and plan to be very prepared for trial and will be strategically armed to the gills if it gets there. The jury consultant can, if you wish, also provide a signed affidavit with the information gleaned from research with the appropriate information (without disclosing information you wish to keep private and confidential). 

Check the rules that govern the discoverability of information from mock-jury research and witness preparation from an outside trial consultant regarding attorney work product and attorney-client privilege to guide your decisions, and to be clear to the trial consultant what the appropriate procedures must be in order to protect the confidentiality of their work for you. It is typically considered core work product if handled properly. See the decision of the Third U.S. Circuit Court of Appeals which ruled that the attorney work product privilege protects trial consultants’ work from discovery based on In re Cendant Corp. Securities Litigation, No. 02-4386 http://caselaw.findlaw.com/us-3rd-circuit/1330648.html.

After trial, the party that lost would likely have a different opinion about settling and avoiding being in the 2% that went to trial, … but lost.

Other articles related to settlement, jury consulting, mock exercises and trial preparation from A2L Consulting:

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Tags: Trial Consultants, Jury Consulting, Litigation Consulting, Trial Consulting, Jury Consultants, Trial Preparation, Settlement

5 Settlement Scenarios Where Litigation Graphics Create Leverage

Posted by Ken Lopez on Fri, Mar 7, 2014 @ 10:41 AM


settlement litigation graphicsby Ken Lopez
Founder/CEO
A2L Consulting

My colleague Ryan Flax published an article earlier this week about six key triggering events that warrant at least a call to your litigation consultant of choice. One of those triggers was settlement, and that got me thinking. In the hundreds of litigation-focused articles we've published here over the last several years, we haven't talked about settlement very much. Looking back, that seems silly since nearly all cases settle.

Over the past decades as a litigation consultant, I've had the opportunity to participate in a variety of settlements. Most frequently, we are engaged to assist in the preparation of litigation graphics for a mediation that is essentially a structured settlement process.

If you think of settlement as mediation, then how would you prepare? In mediation, I think most lawyers would prepare an aggressive presentation that helps persuade your fact finder. I think you should do the same for settlement talks.

In federal court, a magistrate judge will often try to force a settlement during pretrial conferences. Usually this involves the judge putting the parties in separate rooms, running back-and-forth between rooms, and telling each party that they're going to lose horribly. It's an effective tactic.

At this point, the judge is usually working from a short summary of the facts of the case and is by no means an expert in the facts. The judge is attempting to take a very quick look at the facts, and attempting to force both sides’ hands using fear as a motivator.

What if instead you were able to open up a laptop (or the same in paper form) and say, “Your Honor, if you'll allow me a three minutes, I'll show you six things that may change the way you are looking at this case.” I think most judges would say yes.

The same is true in direct settlement negotiations. Again, if you have a brief and powerful presentation available to you, you might be able to create enough worry in the other side’s mind to move them somewhat off their position. It is well known that fear of loss is a 10x greater motivator than hope of gain, so use it to your advantage.

storytelling for judge jury courtroom best method for trial persuasion and emotion

So here are five areas where you can use litigation graphics meaningfully, powerfully, and successfully during settlement talks.

1. During actual mediation. Here there are usually no federal rules of evidence. It's a good time to be aggressive with your litigation graphics. 

2. During settlement talks in a judge’s chambers. Whether you open a laptop to a PowerPoint or whether you have tabletop-size charts to share, using visuals will show that you're serious, will allow a judge to get her arms around your case quickly, and will provide ammunition to force settlement from the other side closer to your number.

3. During direct settlement talks. Using graphics during settlement talks will help put some fear into the opposition and may induce opposing counsel to change their long-held beliefs about the case.

4. During an email exchange settlement. Some settlements happen entirely over email. Sharing a handful of graphics in an email is simple and shows you're prepared and ready for trial. It does not take many graphics to get your point across.

5. During mock settlement discussions. Not all settlement discussions are created equal. In some cases the dollars at stake are such a big deal that mock settlement discussions or mock mediations are conducted. This is an excellent time to test your litigation graphics to see how they fly with your mock opponents or mock mediators.

Don't overlook litigation graphics in your settlement talks. They are an essential weapon in the arsenal of the well-prepared trial lawyer.

Other A2L articles related to litigation graphics use in arbitration/mediation or at trial generally:

  

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Tags: Trial Graphics, Litigation Graphics, Courtroom Presentations, Demonstrative Evidence, Arbitration/Mediation, Judges, Settlement

6 Triggers That Prompt a Call to Your Litigation Consultant

Posted by Ryan Flax on Mon, Mar 3, 2014 @ 11:30 AM

 

when should one hire litigation consultantby Ryan H. Flax, Esq.
(Former) Managing Director, Litigation Consulting
A2L Consulting

This seems to be a significant hurdle in many cases – trial counsel believes he or she needs assistance with the courtroom presentation, trial technology, and/or jury consulting, but doesn’t know when the right time to get started with the process is (or doesn’t fully consider this need until it’s become an “emergency”).  Holding-back their decision are uncertainties about costs, about what exactly the litigation and jury consultants can and will do to help, how long the process should take, and how definite the trial strategy must be to fire the proverbial starter pistol.  Let me clear it up: it’s never too early (or too late).

There are many logical starting points to engage litigation consultants during the lifespan of a case.  Let’s take a look at some of them below:

1. Trigger: Complaint (Call Your Litigation Consultants Right Away)

I’m not suggesting you need to seek a litigation consultant to serve your complaint or file the answer, BUT per my (previously published) recommendation that you use a two-track litigation plan in developing your trial strategy, it is important to begin planning your courtroom presentation very soon after these litigation-initiating events and a litigation consulting team will benefit this process.  That two-track strategy includes: (1) preparing to persuade a jury and/or judge so you can win the trial; and (2) doing all the really “lawyery” stuff like establishing a comprehensive record, meeting your prima facie case, etc., that becomes very important at summary judgment or on appeal.

The benefits of engaging a litigation consulting firm like A2L early in your case is that it forces you to think about those things that will help you win at trial.  These include developing the foundational story of your case, identifying complexities of the case that must be simplified and distilled so that a jury of lay-people will understand and be persuaded by your arguments, and developing an understanding of your jury pool’s demographics and tendencies so that your case can be built around that knowledge.  Moreover, you can begin developing the visual component to your case, which has been conclusively and scientifically proven [pdf] to be a key aspect of litigation persuasion.

Another important reason to start early is your litigation budget.  At the beginning stages of every case you have the opportunity to build into your budget all the things that will help you win (attorney and paralegal time, electronic database storage, discovery software, war-room facilities, jury research, litigation consulting and demonstratives, travel expenses, court reporting and videographers, trial technology, etc.) and have your client understand and approve these things.  A litigation consultant is clearly one of those things you’ll want to include and if you wait too long it will have to be an add-on cost to your case that you’ll have to get further approval for, rather than an initially planned-for, built-in line item cost.  Plus, explaining this litigation need to your client early in the case reinforces the fact that you’ve got the experience to handle his/her case – you know all the bits needed for a successful result.

Starting early like this, engaging the consultant and having them begin some preliminary work on your case, doesn't really increase costs.  The counsel-consultant relationship can be kept at a low simmer over the course of the months (or years) of litigation.  You can seek consult on issues as you move along, e.g., test storylines on an outside player, develop graphics to use in briefing or discovery or hearings or settlement negotiations, do early jury research. 

Eventually, as you get closer to trial, you’ll turn up the heat for more trial-relevant and essential input from your consultant and to develop demonstratives to use at trial.

See also:

2. Trigger: Expert Reports (Call Your Litigation Consultants About 1 Month Before Service is Due)

expert witness prep testimonyDiscovery is often a time during which the end-goals of litigation can be forgotten or at least swept to the side while attorneys build the heap of facts they’ll later use to try and convince some regular folks that their legal case is better than opposing counsel’s legal case.  Try not to do this.  Your case themes and developing storyline should, in part, direct your discovery requests, discovery review, and depositions.  Engaging a litigation consulting team will help keep you tuned in to these important aspects of your case.

In most big litigation, expert witnesses are a very big part of the discovery process and, ultimately, trial.  First you’ll likely have expert reports to (help) prepare and then you’ll have expert depositions to take (unless you want to try and restrict the expert’s testimony to his/her report’s disclosure for some reason).  Expert reports are opportunities to use visual support in the form of graphics, animations, or scale models to enhance your expert’s positions.  To do this you need assistance from your litigation consultant who can work with you and your expert to develop persuasive visuals that compliment your case and the expert’s opinions.

Expertly crafted demonstratives can be embedded within an expert report or, if they are large and detailed images, more advanced animations, or even scale models, they can be appended as exhibits to the report.  Taking the time to prepare these things for your expert paves the way to using them without reasonable objection at trial (see FRCP 26).  Additionally, going through this process of thinking through how to visually convey his key messages engages your expert in a way more akin to the way he’ll have to think at trial – where his goals will be persuasion through education.

What follows the production/exchange of expert reports?  Expert depositions. 

Unless your expert is an expert at testifying, he likely needs some work to get him in good form to testify.  Many attorneys handle this exercise themselves by reviewing the expert’s report with him, explaining the deposition process, explaining the dos and don’ts of being deposed, etc., but often this is not enough.  You may choose to do as I did when I was trying cases – engage a third-party coach to help prepare your expert to be deposed.  Litigation consultants (and often jury consultants) can provide outside expertise in preparing your witness.  As third parties to the case, consultants can play the “bad guy” more easily than can members of the attorney litigation team.  Many times, it’s this “tough love” that turns a novice expert “disaster” into the key piece of the puzzle that wins the day at trial (or doesn’t lose the day at deposition).

All this means that in the weeks leading up to expert reports coming due, you should consider pulling the trigger and calling in your litigation consulting team.

See also:

3. Trigger: Settlement Conference (Call Your Litigation Consultants About 1 Month Before)

This, too, is a good time to get going with your trial preparation.  A lot of clients contact us at this point because they want to have a sort of Closing-Argument-Lite to show opposing counsel how strong their case is and how weak the opposing case is. 

settlment negotiations litigation consultants graphicsYou’ll want to use a professional litigation graphics firm to help for two reasons: (1) you want this presentation to effectively convey the story you want it to convey so that your argument seems super reasonable, persuasive, and imminently winnable; and (2) you want your litigation graphics to look “sophisticated” so that your opposing counsel sees how seriously you’re taking the case and how much time and money you and your client are willing to spend on it. 

In reality, it is not expensive to prepare this short presentation and the time, money, and effort is all well-spent if it moves your opposition.  Consider the cost balance in this scenario: if you believe settlement is reasonable, but you cannot convince opposing counsel to do so on favorable terms and have to continue through trial it will likely cost your client hundreds of thousands,  If, on the other hand, you prepare a persuasive settlement presentation at this point for less than 5-10% of such costs and your presentation is effective in accomplishing the settlement on your terms, you’ve saved your client those hundreds of thousands of dollars.  Even if you don’t settle at this point the costs are not lost because you’ll likely re-use much of the litigation graphics or versions thereof later in the case.

See Also:

4. Trigger: Dispositive Motions or Markman Hearing (Call Your Litigation Consultants About 2-3 Months Before)

There comes a time in every case where it can end on a motion and this is an important time to have a litigation consulting team available to help make sure your briefing, argument, and presentation are everything they can be. 

summary judgment litigation graphicsIn all cases there are typically motions for summary judgment – this is a good time to call.  In patent cases, there are also summary judgment motions, but before these there are patent claim construction hearings called Markman hearings (named after the case establishing claim construction as a matter of law).  Both summary judgment and Markman hearings are case-pivotal, mini-trials that must be taken very seriously and litigation teams often come to A2L at this point in their cases.

When presenting oral argument for a summary judgment hearing you will be presenting what you’ll argue is undisputed evidence and related case law on why there’s absolutely no reason you shouldn’t win the case right then and there.  Your undisputed evidence will likely include documents that came right from the opposing party that prove they can’t win (in your opinion).  You will also want to make some points on how all the evidence adds up to this undeniable victory for you.  To do this you must have a visual component to your presentation – you want to show the evidence electronically and also graphically illustrate how it all fits together for your case.  This is where a good litigation consultant and trial graphics artist, and maybe even a trial technology professional and a jury consultant, can serve you well.

In a patent case’s Markman hearing you’ll have to argue why certain language from what is likely already a complex and confusingly written patent claim means something other than what it actually says on its face.  You will point to descriptions in the patent’s specification, to the patent’s drawings, to the prosecution history (and maybe to extrinsic evidence also) to make these points – you’ll need to show the court precisely where the documents prove your case and do so in a convincing way.  There may also be a technology tutorial aspect to the Markman hearing required.  All this makes it absolutely necessary to have a professional team available to develop persuasive visual support for your oral arguments (and briefing, too, if possible).  This is likely your only chance to influence the claim construction of your case, which will likely determine the outcome at trial – make sure you do all you can to win here.

Make sure in your next case you consider these dispositive occasions to be the potential triggers to seek expert assistance for litigation.

See also:

5. Trigger: Trial is Scheduled (Call Your Litigation Consultants About 6 Months Before)

OK, now things are getting pretty serious.  Trial dates are moved all the time in litigation, but if your case is scheduled for 6-months out, it’s likely that’s when you’re going to trial.  At this point, if you’ve waited to engage an outside consultant to help you prepare your trial presentation, this is the time to pull that trigger. 

time for trial no settlementDoing so with 6 months to spare enables you and your new litigation consulting team to develop a strategy around jury research, develop convincing and relatable trial story lines, figure out what visuals are needed, etc.  With 6 month to go, you still also have time to do mock jury exercises, but that time is quickly slipping away so start planning immediately.  With 6 months to go you can have your litigation consultants fully engaged and supplying you with fresh, outsider’s ideas on where your case’s storylines are strong and what just doesn’t make sense.  With 6 months to go you have the time to play with and tinker with your visual presentation with a bit of leisure, rather than under looming trial pressure to “just get everything done.”

If you just cannot commit to engaging a litigation consultant at an earlier stage of your case, do it now.

See also:

6. Trigger: Trial is REALLY Coming (Call Your Litigation Consultants About 1-3 Months Before)

As you can see, there are lots of other trigger points preceding your very final trial-preparation that should initiate a call to your demonstrative evidence / jury consulting / trial technician team.  However, right or wrong, the majority of litigation teams wait until this end-game to get serious help in developing their trial presentation and improving their jury-persuasion strategy.  It’s not the end of the world, obviously.

At this final stage of your case (baring appeal), we (litigation consultants) must be very committed to developing the specific presentations that will be made in court: opening statement, closing argument, direct testimony, and cross examination.  This presentation development includes one-on-one consulting with the litigation team to sort out the best themes and storylines of your case.  Events that must be conveyed to the jury to induce a perception of causation as to key issues in your case must be identified to make graphics, including timelines.  If scale models are needed, there’s not much time to make them at this point so we must focus on doing so immediately.  If any jury research is to be done, it’s unlikely that a full-blown mock jury exercise can be organized at this point, but you can still do smaller focus group studies or micro-mock exercises to fine tune your presentation. 

Of course, a lot of litigation graphics must be produced to support (typically) an hour of opening statement, an hour of closing statement (again, typical), any visuals to support your expert(s), impeachment, litigation boards, etc.  Also, if your evidence is largely electronically based you’ll need a trial tech to immediately begin developing a trial database for you and then go with you to trial to display your evidence for you seamlessly.  If your courtroom is already high-tech and wired and ready to go, great; if not, you’d better arrange to have the equipment there that you’ll need to make your best presentation.

Clearly, there’s a lot to consider and waiting to the last minute is not ideal.  But, if this is your situation, engage an expert to help you along this tricky path.

See also:

storytelling for lawyers litigators and litigation support courtroom narrative

Tags: Trial Graphics, Trial Technicians, Litigation Graphics, Litigation Consulting, Jury Consultants, Trial Preparation, Settlement

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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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