Trial Consulting Services

Verdicts are driven by the life experiences, biases, and leadership qualities jurors bring with them into the courtroom. Focus groups and mock trials are designed to help you empathize with jurors and see the strengths and weaknesses of your case through their eyes. These research exercises shed light into how relevant life experiences and worldviews serve as a filter through which jurors evaluate evidence when reaching a decision. The exploratory nature of this research provides an opportunity to identify the strengths and weaknesses of your case, learn which themes most resonate with potential jurors, and test different strategies. The findings can be leveraged to make informed decisions when preparing your case and witnesses for trial.

Focus groups are less structured than mock trials. These informal exercises can be most impactful early in the discovery process. The exploratory nature of the focus group method affords you the opportunity to test competing strategies and formulate a compelling story which can guide you during the discovery process. The trial story is presented in layers as the moderator discusses the impact of each topic on the group. Participants provide feedback as each phase of the story is told.

Mock trials are more structured exercises which are most appropriate toward the end of the discovery process when the trial story is nearly finalized. These “dry runs” help shed light on how prospective jurors interpret opening statements, evidence, and closing arguments. They provide insight into how jury instructions, verdict questions, and group dynamics influence the final verdict. Mock trials help you fine-tune the narrative, case themes, demonstratives, and arguments as you move closer to trial.

These research exercises utilize a condensed mock trial format with larger sample sizes to test your case and better assess potential damages. With a larger sample size, we can provide greater statistical confidence of the expected value of your case. Should the matter not settle, the larger sample size allows for a more precise profile model of the most pro-plaintiff and pro-defense jurors.

These studies are designed to assess the extent and nature of media coverage surrounding a high-profile case and the impact, if any, on the jury pool. The findings offer evidence for the Court to determine if your client’s fair trial rights have been undermined and whether any remedial measures are appropriate. These remedies can range from improved voir dire conditions to a change of venue. Phase I involves collecting the coverage and determining if a community attitude survey is justified. If necessary, a survey will be conducted to assess case recognition and bias in the jury pool (Phase II). Phase III includes a content analysis of the news coverage and social media, drafting a declaration, and testimony during a venue hearing.

These surveys are designed to assess case-relevant attitudes and potential bias among members of the jury pool. They can be used to measure the extent of case awareness, knowledge, connections to the parties, and opinions about the dispute. We sample a representative group of participants from your venue so that we can address these concerns with a specified degree of statistical confidence. Community Attitude Surveys also afford the opportunity to learn how jury-eligible respondents feel about your client, whether they accept or reject your trial story, and whether or not they are predisposed toward a certain verdict. The data can be leveraged to identify biased residents in the community, strengthen your trial story, and develop a statistical juror prediction model.

Trial Innovations University Overhead Charge Cost Policy

Trial Innovation seeks out collaboration with university researchers but limits contributions to university F&A. Trial Innovation’s rule regarding Institutional Indirect Costs (F&A) is listed below.

Policy: Trial Innovations limits indirect costs (F&A) for university contracts to a rate of up to 10% of direct costs to U.S. universities to allow for additional administrative and overhead costs.  Acceptance of any Trial Innovation payment is contingent upon the contractor and the contractor’s institution agreeing to this policy.

Calculating Acceptable Indirect Costs: For all projects with direct expenses, Trial Innovations allows a maximum of 10% of the direct costs to be allocated towards institutional indirect costs. All contracts must show separately the direct and indirect costs for the services being offered.

Our online-based mock trials and surveys are designed to test both party’s trial stories, case themes, and supporting arguments using jury-eligible participants from your venue. This exercise can also be used to pretest your juror questionnaire before trial. With a larger sample compared to other research exercises, the data will help you evaluate potential exposure, liability, and case value. You will also receive a thematic analysis of evidence and arguments that most resonated with plaintiff and defense-oriented mock jurors, and a statistical analysis of which juror attitudes and experiences are significantly associated with verdict preference.

Are your witnesses credible and prepared to effectively communicate their part of the trial story? Through our workshops, we empower your witnesses by providing them with practical tools for telling their story through direct and cross-examination. We address their fears and help demystify the process to reduce their anxiety. Our consultants evaluate your witnesses from the jurors’ perspective and work to help them appear more likeable and credible on the stand. Witness workshops are also designed to help experts come across as objective educators rather than paid advocates.

Through repetition and observing video playbacks of practice direct and cross-examination, we are able to teach witnesses how to eliminate negative non-verbal communication and how to handle “reptile” questioning and tough cross-examination. Whether a witness is defensive or has a language barrier, we can help them bridge the gap and build a rapport with jurors.

The trial story is the foundational structure that weaves together your themes and evidence. It is vital to present a compelling and engaging narrative that connects with jurors’ attitudes and life experiences and is easy to follow. A persuasive trial story that appeals to a broad audience requires careful development, testing, and revision. All of our services, starting with early exploratory research and continuing through the trial process, are focused on helping you craft and refine your case narrative. At each stage of the journey we continue to revise, question, and analyze the strongest and weakest elements of the story. We address how to best surface key players’ underlying motives and help witnesses so that they are prepared to persuasively convey important themes to the jury. Whether you need a limited workshop to fine tune your opening statement or a multi-stage research plan designed to build your story from the ground up, we are prepared to help.