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Case presentation research
Benefits of case presentation research
To provide an objective viewpoint by persons from the
community whose demographics, attitudes, biases and predispositions
closely fit typical jurors.
The
Respondents are typically recruited from the same county in which
the case will be tried so that they are reflective of the actual
jury pool. Respondents are carefully screened to determine whether
or not they are familiar with any of the case participants and/or
would otherwise be disqualified from jury service.
To determine profiles of the most and least desirable
jurors.
The attorney is enlightened as to the methods through which jurors
process information, the role attitudinal beliefs play in decision
- making and the relationship of these factors to juror
demographics and case specifics. When selecting a jury at trial,
the attorney is armed with this valuable information.
To identify issues that jurors will consider most
important.
It is common for attorneys to believe that they know the "hinge"
issues of the case, only to find that many jurors dismiss them
out-of-hand and give great weight to other points the attorney and
clients considered tangential at best.
To determine the theme and most effective trial
strategy.
This involves evaluating competitive strategies and tactical
alternatives, as they relate to juror comprehension and
acceptance.
To allow the attorney to gauge the effectiveness of
opening and closing arguments.
Alternate forms of arguments can be presented and critiqued as part
of the pre-trial process. Feedback from Respondents can be used to
craft more convincing arguments.
To assess the effectiveness of key
witnesses.
Is the witness credible? Does the witness make his/her points
clearly? How can the witness present testimony that is more
persuasive? An adverse reaction from a juror to any area of
testimony can undermine the entire testimony of a witness.
To judge the value of demonstrative and documentary
evidence.
Are exhibits clearly visible, easy to understand or confusing and
unclear? How can the exhibits be improved from the juror's
perspective?
To view the case from the perspective of your
adversary. Developing the information necessary to present
and argue the issue from the opponent's side not only leads to
insights into their case, but yours as well. Arguments that you
were certain "nailed the case" need refining or possibly a complete
overhaul.
To assess your overall presentation
effectiveness.
Few attorneys ever get honest, constructive feedback from jurors at
trial. The opinions and evaluations from Respondents, unaware of
your presence, provide you with honest and blunt reactions. This
enables you to objectively critique all aspects of your
presentation. You can consequently capitalize on the strengths and
work on the weaknesses.
To determine reactions to the charge on
law.
Research has revealed that jurors generally understand fewer than
half of the instructions they receive at trial. The language of the
law is confusing to those not trained in the legal profession.
Pre-trial research not only determines what is understood,
misunderstood and ignored but provides the best ways to effectively
incorporate the jury charge into trial strategy.
To review notes taken by Respondents to determine what
elements in your case were or were not found to be clear, important
and convincing.
After the groups are completed, the notes taken by the Respondents
are analyzed to determine what information and questions they
recorded on paper. This informs the trial team as to what data
conveyed by both attorneys and litigants was considered important
and unimportant, convincing and unconvincing, clear and
unclear.
To view the dynamic of the jury deliberation
process.
This entails identifying leaders and followers, watching the flow
of ideas, noting the emergence of differing points of view,
observing the reference to notes taken during the process and
evaluating the eventual outcome of the deliberations.
To determine the economic value of a civil
case.
Allows realistic and effective negotiation of settlement offers.
The results of pre-trial Research can give you a strategic
advantage in settlement negotiations. You will know the parameters
a jury(s) has set.