Our Services

Jury Research

We offer three broad research approaches to fit the varying needs of our clients throughout the litigation cycle—Roundtables (via Zoom or in-person), Jury Focus Groups, and Mock Trials. Whether you want to test big-picture themes, evaluate a key witness, test damages, competing liability theories, or determine with statistical significance the jurors you must exclude at trial, we can help design an approach that will get you what you need on time and on budget.

 

All of our approaches address:

• Which facts and arguments do lay jurors reject/find most persuasive?

• What themes gain the most traction with jurors?

• How do jurors view the parties?

• What questions do jurors want answered?

• What do jurors think of the plaintiff's damages claim?  

• What is the impact of the key jury instructions and verdict form language?

Jury AppealTM Case Consulting

The quickest and least expensive way to work with us. 

After a conflict check and a review of your selected case materials, we offer in-person or Zoom consults focused on

  • Simplifying your case

  • Developing persuasive themes

  • Downplaying or sidestepping problems

  • Maximizing opportunities

We can also help focus your jury selection strategy on the metrics that matter, streamline and improve the persuasive impact of opening and closing statements, and can provide specific advice to help deal with almost any problem you are facing.

Jury Selection

Our experience in the courtroom and observing lay jurors deliberate verdicts has led to the development of The Best Evidence Method,℠ which represents the ongoing aggregation of our best thinking on jury selection and persuasion in high-stakes litigation.

Our jury selection approach incorporates simple and effective lines of inquiry designed to address and influence jurors' perceptions of critical verdict issues, including, among others:

> Hindsight bias

> The "burden of proof"

> Causation

> Emotion vs Reason

> Evidence vs Argument

> Money for damages, and more

While our primary focus is on developing concepts with broad appeal, there will inevitably be prospective jurors that identify with our adversary, no matter how much time, effort, and creativity is spent on trial strategy.  The challenge is to identify and remove these individuals, preferably for cause. 

This is where voir dire scripting based on the relevant metrics from JuCE, our Juror Classification Engine and our Juror Analytics Database comes in.

We continue to train and refine JuCE with data from thousands of jurors polled over hundreds of cases.   To date, we have identified over 40 characteristics the most extreme-awarding jurors tend to have in common, and JuCE continues to uncover more. 

Jury selection is about more than just statistics and asking questions however, and our in-trial jury selection assistance fills the gap.   We work closely with trial counsel throughout the entire process, focusing on crafting the most direct lines of inquiry to uncover the most relevant perspectives, while at the same time establishing a consistent pattern of language to begin branding our message and themes to the jury.

Jury Selection Techniques We Have Developed, Teach, and Employ

 Some of the techniques we teach and employ include:

 

  • The three rules you cannot break in jury selection

  • The five goals we remain focused on like a laser (and you should too!)

  • The best way to ask about bias if you want to protect a juror

  • Short circuit hindsight bias with this short series of questions

  • How to locate and nurture the leaders in the group

  • The 6 questions you must ask in jury selection

  • 5 characteristics extreme high-awarding jurors tend to have in common

  • The simplest technique for identifying those most susceptible to emotional pleas 

  • Build trust to build self-cause strikes

  • Using rhetorical questions to “telegraph” acceptable answers

  • Using proverbs, quotations, and aphorisms to give your themes broader appeal

  • How to make the trial attorney appear to be a GUIDE through the evidence for jurors instead of a partisan hack

  • How to keep jurors talking – get them to tell you their biases and prejudices without having to probe

  • The 2 most important words in any malpractice or breach of duty case, and how to use them to your advantage

  • How to grab jurors’ attention and keep them alert and interested, even if it’s right after lunch

  • Cast doubt on the opposition’s expert witnesses when you use these voir dire questions

  • Use this technique when you know a prospective juror has a prejudice and refuses to admit it

  • Go beyond “gaining rapport”

  • What to do when a prospective juror says something devastating to your case

  • How to anchor a certain emotion or idea in voir dire, then repeat it so that a simple gesture can reinforce a key point through the trial

  • How to increase your chances of successful for cause challenges