Trial consulting, also known as a jury consulting or litigation consulting, is
a profession that directly deals with aiding attorneys in many pre-trial
preparations and can be used in criminal trials or civil lawsuits. Many people
in this profession prefer litigation consultant because most of the cases do
not make it to trial and are settled out of court or in arbitration. The
preparations preformed by the trial consultant include but are not limited to
witness preparation, improvement of arguments and rhetoric, jury selection,
shadow juries, mock trials, focus groups and community attitude surveys.
- When dealing with witness preparation the consultants have four main
goals according the America Society of Trial Consultants which are attorney
education, witness diagnosis, witness cure and follow up.
- Trial Consultants also organize focus groups which is a group of people
formed to research opinions, beliefs, and perceptions.
- Another preparation tool provided by the consultants includes shadow
juries. Shadow juries are used to evaluate and modify trial strategies and
- Community attitude surveys are also preformed to do a scientific study
of likely juror perceptions using key notes from that specific case to see
responses from a wide range of people.
- Mock Trials- Imitation trial to help in witness preparation and a
opportunity to test our different argumentative strategies.
- Jury Selection- Methods use to select jurors who will sit on the trial
Trial Exhibits, Inc.
Trial Exhibits has over 20 years of experience and involvement in thousands
of jury trials, mediations, and arbitrations.
Trial consulting services include
case consulting, focus groups, mock trials, jury selection / voir dire research,
witness preparation, and post trial interviews.
Voir dire is your opportunity to get to know the prospective jurors for
your case. Quite often, attorneys will use peremptory challenges to de-select
jurors based on demographics, or “hunches” based on their intuition. However,
research has repeatedly revealed that juror demographics rarely predict
verdicts. Instead, juror attitudes and beliefs are most important in
determining their decisions. These attitudes are revealed by questioning
prospective jurors about their thoughts and experiences during voir dire. An
experienced Trial Consultant is capable of assisting you by developing
themes and wording for such questioning, and aiding you in assessing the
reactions of the members of the panel.
A witness’s presentation in court or at deposition is often critical to
the outcome of the case. Most attorneys are well aware of the importance of
preparing witnesses for deposition or trial, but few have the time needed to
devote to this task. Additionally, some witnesses present with specific issues
that affect their verbal or nonverbal communication which are best addressed
by a professional with a background in the behavioral sciences.