Telephone surveys provide information about the characteristics and attitudes of the venire that is useful for trial preparation and jury selection.  This is often the first opportunity for attorneys to test their themes. Our surveys are noteworthy for their bi-partisan presentation of case themes and facts.  We present both sides of the case on a theme-by-theme basis, and ask participants to react and to vote on the verdict questions.  Analyses focus on identifying the strongest themes and characteristics of those people most likely to endorse these themes.
 

Focus Groups

Focus groups help attorneys to clarify and prioritize the themes of their case. Focus group data enable attorneys to identify the strengths and weaknesses of their positions.  In a discussion led by a moderator, focus group participants respond to theme-based modules, and then to the case as a whole.  The focus group data consist of participants’ written responses to questionnaires and oral answers to questions posed by the moderator.  By analyzing participants’ reactions after each argument, we are able to assess the impact of each theme and make recommendations to attorneys for their trial presentations.
 

Mock Trials

Mock trials most resemble actual trials. Mock jurors’ voices provide insight into how the real jury is likely to react to the themes of the case.  At mock trials, attorneys representing the positions of both sides make statements in a debate-like format.  In addition, mock trials give attorneys the chance to assess the effectiveness of their trial skills and to enjoy the strategic benefits that come from developing the other side’s arguments.  Jurors fill out questionnaires before and after the attorneys’ presentations, and record their verdict votes before and after jury deliberations.  As we observe their deliberations, clarify any confusion, and note trends in their responses, we become better able to advise attorneys on how best to educate the real jury.
 

Witness Evaluation Activities

Witness evaluation activities put defendants and other key witnesses on the stand before the trial begins, and familiarize them with direct and cross-examination.  An audience of mock jurors evaluates their performance, with specific emphasis on the witnesses’ credibility.  During the witness evaluation activity, witnesses have the opportunity to sit in a witness box and experience themselves on the witness stand.  While the content of their testimony may be unchangeable, people can learn, based on the results of these witness evaluation activities, to be better witnesses.
 

Jury Selection

Jury selection work is intended to identify the subtle prejudices people hold about the themes of the case.  In addition to trying to identify those who seem closed-minded, we also work to detect those who may have trouble understanding the case.  We rely on the results of our pre-trial research to help define a preferred jury profile, and try to achieve this profile during jury selection.
 

Witness Preparation

Witness preparation work helps witnesses to testify more effectively. We work closely with attorneys and their witnesses to help them develop the content and the rhythm of their Q&A.  We work to clarify their testimony; clear testimony is the most credible and most persuasive.  A professional actor on our staff helps witnesses to express themselves in ways that will be read accurately by the jury.  Witnesses learn to narrow the gap between what they are trying to convey to the jury and how the jury perceives them.
 

Consultation On Presentations To The Court

We help attorneys develop briefs, demonstratives, opening statements and summations that are clear, theme-driven, and persuasive.  We work to ensure that case themes are featured early and often, and that case facts are presented in ways that make the themes come alive.  To this end, we assist in the development and integration of demonstratives into presentations.  Demonstratives are used to emphasize themes and to teach complex lessons.  We believe that teaching something by eye and by ear is more powerful than teaching by ear alone. We work with attorneys and with graphic artists to maximize the positive impact of the demonstratives.
 

Post-Trial Interviews

Post-trial interviews with jurors tell us what actually happened during deliberations – which evidence was convincing, which witnesses were effective, and which themes and case facts led jurors to their decisions.  These data are invaluable to attorneys in developing strategies for future cases.