TRIAL STRATEGY

ON TRIAL's strategy assistance covers the following traditional services:

• focus groups
• community attitude surveys
• mock jury trials, and
• surrogate juries.

What gives us a special edge over our competition is our ability to draw out the "story" from the panel members and direct jury discussion in a way that not only identifies the persuasive facts and arguments but determines which ones are most vivid and influential.

Before the trial, we work with the lawyers to understand the case - the factual background, key witnesses, and strengths and weaknesses. Through one-on-one meetings, reading case material, focus groups and/or witness preparation sessions, our services including helping the lawyers:

• define the legal vs. jury issues;
• uncover and shape the major theme that will run throughout the trial;
• set up a conceptual framework, creating a story from the client’s point of view, including metaphors that will rivet the issues in the minds of the jurors;
• help prepare witnesses for depositions, hearings and trial; and
• assess the strengths and weaknesses of witnesses for their jury appeal.

Often just before trial, we stage a mock trial to test themes, find the most receptive juror types, develop voir dire, and guide the trial presentation. Our pretrial services also include:

• developing jury profiles and assist in the development of voir dire questions;
• conducting follow-up preparation or observation of final witness preparation;
• hiring a police consultant who can profile street addresses based on the jury panel prospectus;
• coordinating with graphics firm on demonstrative evidence;
• working with trial attorney on strategy, themes, and vernacular (particularly useful in complex, paper-laden cases);
• reviewing videotape depositions for witness assessment.

During the trial, we:

• help select the jury, and then monitor its receptiveness throughout the proceedings;
• facilitate a shadow jury;
• observe the trial, critique the litigator’s performance, and suggest concrete ways to enhance communication on the spot;
• advise on the cross-examination of adverse witnesses from a performance perspective.