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Traditional Mock Juror Research

There are times when you may want to use a focus group or mock trial for your jury research rather than online research.  Focus groups and mock trials allow comprehension of the case from the point of view of the prospective juror. The “focus” for a group of mock jurors can be the issues, facts, demonstrative evidence, witness testimony or any other aspect of the presentation of the case. Attorneys become much better prepared to match their presentation to the jury in a manner that acknowledges and adapts to the ways in which jurors perceive the content and context of the case.

 

Message Framing

Whether   in preparation for settlement or for trial, litigation strategy is  driven forward through the strength and power of the attorney's thematic   communications. Skills that involve the behavioral science of  communication can ultimately make or break each case.

I help  the trial team conceptualize the case through theories, themes,  headlines, verbal/visual anchors and semantic nuance that will resonate with the jury's moral philosophy and psychology of decision making. 

The   case theme should not leave the jury wondering. It must represent a  consistent and compelling explanation of the fact pattern.

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Challenging Witness Preparation

Empower the person who must deliver the critical message for your case.

Witness   preparation for testimony, whether during deposition or trial, can be critical to an attorney’s case. However, behavioral or emotional  presentation problems can undermine witness authenticity, credibility,  like-ability and effectiveness. From having worked one-on-one with  psychotherapy clients for twenty years prior to my career as trial  consultant, I apply a behavior change program that produces excellent  results in correcting problem behaviors that  interfere with witness  presentation.

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Voir Dire Strategy

Questioning jurors effectively is a special skill unique from all other attorney communications.

Voir   dire presents a golden opportunity to communicate with the venire  before trial. Unfortunately, many attorneys approach the voir dire phase   of trial with faulty assumptions, poor preparation or ineffective  execution.

After   I discuss overall case strategy and tactics with the attorney, juror  profiles and questions for effective selection and de-selection of  prospective jurors are systematically developed. Based upon scores of  mock juror research projects and in-court experience with hundreds of  jurors, I help the attorney create supplemental written juror  questionnaires and voir dire questions that are tailored to fit the  case.

I  have developed an extremely effective methodology of communication  skills unique to the struck system (Donahue approach). This powerful  method has helped many attorneys win before trial.

Jury Selection

In court,  I become part of the trial team in tracking the voir dire process and  rating prospective jurors. I provide input that will be helpful in  generating cause challenges, exposing juror biases, and consolidating  the venire to support case theory and themes. Prioritization of  peremptory strikes often presents a critical chess game that the trial  team must win. Many cases boil down to the vote of a single juror. It is  vitally import that the attorney understand how each juror's  experiences, biases and leadership abilities can potentially impact the  outcome of a case.

 

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