Telephone surveys are very useful tools in trial consulting because they provide information about the characteristics and attitudes of the venire that is important 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 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 and the services needed to support them.

Trial consulting is the art and science of anticipating jury behavior. Mock trials are the research activity that most resemble actual trials. The mock trial is an important resource in trial consulting, as 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. We also make recommendations about demonstratives that can enhance trial presentations and jurors' comprehension of the case.

Online surveys offer an alternative way to gather information from a large sample of people in the venire about reactions to your case. Eligible respondents selected from large databanks are invited to participate in a secure online survey, where they read about the case in a series of bipartisan modules, answer questions about case themes, and vote on verdict questions. Their responses are analyzed in conjunction with information about their demographics and other characteristics to provide a reliable preferred juror profile.

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 the witnesses' performance, with specific emphasis on 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 consulting 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.

Julie Blackman & Associates uses witness preparation work to help 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.

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 trial presentations. Demonstratives are used to emphasize themes and to teach complex lessons. Research shows 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 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.

IP cases present their own unique challenges to attorneys. While all cases involve teaching jurors or judges the facts of the case, IP cases often require the teaching of material that is complex and well beyond the ken of the ordinary juror. As former in-house trial consultants at Fish and Neave (now Ropes & Gray), Julie Blackman & Associates have extensive experience in working with attorneys and witnesses in IP cases. This experience also permits us to advise attorneys on their best use of trial presentation services in these highly complex cases.
See our article: Ten Lessons From Pre-Trial Research In Intellectual Property Cases

In the past decade, we have been witness to many white-collar crime prosecutions. In this post-Enron era, attorneys must overcome jurors' negative perceptions of corporations and corporate executives.

We have worked with many attorneys and clients in high-profile white-collar cases. Through pre-trial research, we have worked to identify groups with favorable and unfavorable attitudes and explored ways to overcome prejudices against corporations and corporate executives. Witness preparation is an important part of our work on these cases, as we help executives to find the balance between maintaining the confident persona that is integral to their success and showing the genuine emotion that jurors want and expect to see.
See our article: The Spiderman Challenge

In civil litigation in general, pre-trial research and strategy consultation is an important tool for evaluating your case and preparing for trial. Testing your case early on with jury-eligible residents of the venire can help you in considering settlement options, deciding between bench and jury trials, and evaluating potential expert witnesses. Our wide experience in insurance cases, contract disputes and other civil litigation informs our consultation to you on all aspects of your case.