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When is it Best to Conduct a Follow-Up Jury Research Project?

You hire the jury consultant. You do the test. You learn a lot. Then, the consultant recommends a follow-up test. Your immediate reaction might be, “Of course you think there should be multiple tests; you’re the jury consultant….” We get that. But lest you worry that we’re just pursuing our own self-interest on your dime, […]

Bill Cosby and Jury Bias: Can Jurors Recognize Their Own Biases?

Now more than ever, information is at our fingertips.  While the benefits of this are many, one potential downside has become apparent in the legal system.  The law assures defendants the right to an “impartial” jury.  However, the sheer amount of information available through the rapidly expanding use of technology means that jurors are increasingly […]

Commitment Effects: Does Asking Verdict Questions Early Commit Mock Jurors to a Position?

When we design a mock trial – where jurors are read instructions and deliberate to a verdict form – we concentrate on presenting the case facts, witnesses, and evidence in a way that will impact jurors’ story of the case similarly to a “real life” trial.  As such, we typically wait until after jurors hear […]

Top Ten Blog Insights from 2016

With just a few days left in 2016 we wanted to take one last look back on what made 2016 a great year for us and what our readers and clients found most helpful. The blogs from Litigation Insights listed below were the most read articles in 2016.  As we look back to what our […]

Why Should I use a Consultant for Witness Preparation?

Many high-stakes lawsuits filed these days often hinge on the behavior of company employees.  Given growing anti-corporate attitudes among jurors, managing jurors’ perceptions of company witnesses and experts is more important than ever.  Most of the time, attorneys conduct witness preparation before a witness is scheduled for a video deposition and certainly before a witness […]

How Important is a Consultant’s Win Rate?

With so much at stake when a case seems poised for trial, it’s understandable that clients want attorneys and jury consultants with a history of winning in court.  As a result, many clients – including insurance adjusters, in-house counsel and trial attorneys – will ask jury consultants about their “win rates.”  However, providing a tally […]

Cut the Bull: What Can Trial Consultants Really Do?

With the new TV series “Bull,” airing Tuesdays on CBS, the field of trial consulting is getting a little more attention than it’s used to.  The show, starring Michael Weatherly (formerly of NCIS) as Dr. Jason Bull, is loosely based on the early career of Dr. Phil McGraw, who began his work at a Texas-based consulting firm.  The pilot episode included all the dramatics and bells and whistles that one would […]

Which Is Best When Conducting a Mock Trial: One Jury Panel vs. Multiple Jury Panels

We are often asked, “Three jury panels?  Won’t just one jury panel work when using a mock trial to test the themes and arguments in my case?  That’s what we are faced with in the real world.”  This is a very important question, and the answer is grounded in well-established social science research methodology.  Following […]

How Should I Introduce My Jury Consultant at Trial?

Many of our clients are concerned about how jurors would perceive them if the jurors learned the client hired a jury consultant to be present during jury selection.  After all, most depictions of jury consultants in books, television and film, portray a secretive, intrusive and often unethical character working to absolve a guilty defendant.  While […]

Can I Conduct My Own Jury Research to Save Costs?

With companies seeking to cut litigation costs, some attorneys have begun trying to conduct their own jury research without the aid of a litigation consulting firm.  Though you may think this will save a lot, while still providing valuable feedback about your case, attorneys who conduct their own research risk making key strategic decisions on […]

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