While cases vary in their type, size, complexity and budgetary constraints, it never hurts to discuss any case with a trial consultant – and the earlier the better.  Based on a brief description of the case and the individual client’s interests and needs, we will work with you to determine what consultation and pre-trial research will serve your cause best.    These initial consultations are free.
 

How much does it cost to hire a trial strategy consultant?

It depends.  The cost of trial consulting varies widely based on how much consulting and pre-trial research you desire.  A meeting to discuss case themes or a day of witness preparation is, of course, far less expensive than a full course of pre-trial research that includes a telephone survey, focus groups, and a mock trial.  We understand that cost is often an important concern, and we can advise you on how best to allocate the resources you have.  If you decide to conduct pre-trial research with us, many of our research activities have flexible aspects that can be adjusted to work within your budget. 
 

How accurate is pre-trial research at predicting what will happen at trial?

In our experience, pre-trial research activities are good predictors of the outcomes of the real trial.  Jurors decide cases based on broad themes, and if the themes of the real trial are accurately represented in the pre-trial research, then similar results can be expected.  For example, with telephone survey research in criminal cases, if the percentages voting guilty on the verdict questions exceed 70 percent, we have learned that chances for acquittal at trial are slim.  Mock juries also have significant predictive value.  For example, we conducted a mock trial in which all three mock juries hung, and in the real trial the jury hung.  Trial consultants do not have crystal balls, but with well-designed, prescient pre-trial research, you can get a good idea of what is likely to happen at trial.
 

How often do you win?

We win more than we lose.  More specifically, we facilitate predictability by illuminating what the future is likely to look like.  We address this question in all of our pre-trial research projects:  What is most likely to happen at trial?  Then, decisions about whether or not to proceed to trial, and how to feature case themes at trial, can be made in a more informed way.   
 

How much time do trial consultants need to conduct pre-trial research?

Because trial consultants offer a wide range of services that are useful at various stages of trial preparation and trial, it is usually beneficial to discuss your case with us in the early stages of trial preparation.  Although early is always best, we understand that assistance is often needed last-minute and when necessary we can act quickly.  Theme discussions, witness preparation, and general case consultation can be done on a few days’ notice.  Pre-trial research, such as focus groups and mock trials, can be conducted on as little as four weeks’ notice, and  large-scale telephone surveys can be conducted on as little as six weeks’ notice. 
 

Will the work I do with a trial consultant be discoverable? Can a trial consultant ever be forced to testify?

The work of jury consultants has been protected by the Third Circuit [see In re: Cendant Corporation Securities Litigation, 343 F. 3d 658 (3d Cir. 2003].  To help insure this protection, we work with witnesses with attorneys present.  We have never had a problem with discoverability, and we also vigorously protect the confidentiality of our research (see below) to prevent it from becoming an issue.
 

How do you protect confidentiality?

We take confidentiality very seriously.  When recruiting participants for our research activities, we ask a series of screener questions (developed in collaboration with the attorneys) aimed at eliminating any participants who may have a connection to the case or who may pose a confidentiality risk.  Then, all research participants are asked either to sign confidentiality agreements (on-site research activities) or to pledge confidentiality (telephone surveys).  In over 20 years of running research activities, including high profile cases, we have not had a problem with confidentiality.