Commitment Effects, Part 2: Does Allowing Juror Discussion Prior to Deliberation Affect Their Decision Making?

In Part 1 of this blog, we discussed whether asking verdict-related questions early in a mock trial can cause a commitment effect in mock jurors, such that they are less likely to change their opinions as more evidence is presented. Now, we’ll extend this idea into “real world” trials, because some venues allow jurors to […]

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, […]

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 […]

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 […]

When is the Best Time for a Mock Trial to be Conducted?

In order to get the most out of your investment in jury research, it’s important to consider the best time to do a mock trial. And that timing largely depends on your research goals and what other research you have done in your case. For example, have you done early jury research and are now […]

Part II: All Jury Consultants Are Not Created Equal: Do you have the Right Consultant for Your Research?

Part I Here All clients want to avoid a false positive result as they adversely affect counsels’ confidence in case strategies going forward.  How can you ensure your consultant’s methodology minimizes the likelihood of such results?  The following are some of the key questions you should ask prospective consultants to increase the likelihood that you […]

Part I: All Jury Consultants Are Not Created Equal: Do you have the Right Consultant for Your Research?

Valid and reliable jury research is more than just running focus groups.  In this and the next issue of Insights, we discuss the importance of choosing a jury research consultant whose methodological strengths match the goals for your research and the questions you need answered.  We will also explore additional considerations for your consultant search […]

Five of the Most Common Defense Case Vulnerabilities: Medical Products Liability Litigation and Beyond

Armed with the knowledge of the common plaintiff perspectives described below, there is much defense counsel can do in an effort to mitigate their effectiveness.  As early as discovery, and prior to being deposed by plaintiff counsel, both expert and fact witnesses can be given tools (e.g., thematic responses) to deal with tough questions that […]

Millennial Jurors: Who Are They and How Do We Best Communicate with Them

Imagine a case where an employee is terminated from a job after 30 years of employment.  The company claims he was let go because of downsizing; the plaintiff claims he was let go because he no longer fit the company image.  How might jurors of different generations view this case?  By and large, members of […]

Social Media Craze: How the Internet Is Changing Efforts to Preserve the Judicial Process with Prospective Jurors at Trial

We are in the last few minutes of a two-day jury selection when the lead defense counsel overhears one of the prospective jurors discussing with another juror the Google search she completed last night on our client, and how she was “surprised” by the number of links that came up.  Unfortunately, the judge had never […]