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My Case Isn’t Going to Trial, So Why Do I Need a Trial Consultant?

We at Litigation Insights sometimes worry that the common monikers for our profession such as “trial consultants” and “jury consultants” create the impression that a case needs to end up in trial for us to be of assistance.  Add in the fact that civil jury trials have been in steady decline [1] while alternative dispute resolution […]

Graphics in Pre-Trial Motions & Hearings: An Early Advantage – Part II

In Part I, you learned how metaphors and imagery can be used to help the judge conceptualize difficult and/or abstract case points. So now let’s discuss how clear, concise graphics or animations can be used in technical hearings to ensure that the judge understands all the necessary details of your case: Pre-Trial Graphics to Teach & […]

Graphics in Pre-Trial Motions & Hearings: An Early Advantage – Part I

Graphics aren’t just for juries. While it’s tempting to make your graphics an afterthought to your fleshed-out case themes and talking points, waiting until trial is in sight means you may have already missed multiple early opportunities to use graphics to influence the terms and development of the case – or even stave off the […]

Comparing Judges Versus Jurors: Do They Decide Cases Differently?

The vast majority of civil disputes are resolved before (or during) trial. These outcomes are always influenced by the trial judge’s structuring of the dispute – e.g., Daubert hearings, responses to SJM motions, Markman hearings, etc. Dispute structuring requires trial judges to exercise a great deal of fact-finding discretion regarding the credibility of witnesses, reliability […]

Voir Dire Check List

We have all shared this experience.  Jury selection is at 9:00 a.m. Monday morning.  It is Sunday night and the national trial team, lead by an attorney from out of town, is meeting to discuss voir dire and jury selection.  A jury consultant is present, meeting local counsel for the first time.  Time is precious, […]