BLOG

Should My Client Say “I’m Sorry”?

As a corporate defendant, does it help or hurt to apologize for past conduct?  Does it show weakness?  Fault?  Honesty?  Sincerity? Well, it all depends on the case.  Just take a look at mock jurors’ very different reactions to two different defendants saying, “We’re sorry.” Juror A:  “They have done nothing to address the problems […]

How Do I Keep Jurors Awake?

It has happened to every attorney that has ever stood up in front of jurors: maybe it’s just after lunch or maybe midafternoon.  Perhaps it’s during a particularly science-heavy, technical part of your presentation.  Just as you get to your main point, you scan the faces of the panel and notice one juror slumped over, […]

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 […]

What Are the Benefits of Conducting Jury Research Early in the Case?

While sitting around the dinner table after a recent case resolved, the lead trial counsel said, “You know, the only regret I have is not doing the jury research earlier.”  To his credit, the firm was only brought in on the case seven weeks before jury selection, but he was definitely on to something.  In […]

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 […]

Is Too Much Experience a Bad Thing? How Your Expertise May Lead You to Inaccurately Predict Jurors’ Reactions to the Case

We’ve all been there.  You’re at a cocktail party and someone is telling a joke that you’ve heard a number of times before.  While that joke was laugh-out-loud hilarious the first time you heard it, it’s just not as side-splitting after about the tenth run.  On top of that, you can’t imagine why others would […]

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 […]

Top Blog Posts from 2015

As we head into another new year, we thought we would take one last look back on to what made 2015 a great year for us. The blogs from Litigation Insights listed below were the most read articles in 2015. Some are fairly new while others are oldies but goodies. We appreciate your continued support […]

« PREVIOUS