Trial consulting

Trial consulting is the use of social scientists, particularly psychologists and communication experts, and economists, to aid attorneys in the presentation of a criminal trial or civil lawsuit.[1] Modern trial consultants help prepare witnesses, improve arguments and rhetoric, focus group and mock trials, change of venue surveys, and select juries.[2]

Overview

Traditionally sophisticated jury selection methods were a mainstay of trial consultants, they now "place far less emphasis on jury selection than they did in the past",[3] and many in the field now prefer the term "trial consulting" to "jury consulting".[4] Since many cases are now settled out of court or decided by arbitration, some trial consulting firms have diversified to include mock mediation and arbitration sessions.[5] This is also the reason that many jury/trial consultants are now referring to themselves as "litigation consultants".[6]

The traditional mainstays of trial consulting remain important. They include witness preparation, shadow juries, mock trials, focus groups, community attitude surveys, and expert assistance with trial presentation.[7][8]

References
  1. Brodsky, Stanley L. (2009). Principles and practice of trial consultation. New York: Guilford Press. ISBN 978-1-60623-254-5. OCLC 436034162.
  2. Hutson, Matthew (March–April 2007). "Unnatural Selection". Psychology Today. Retrieved February 23, 2017.
  3. Kressel, Neil J. & Kressel, Dorit F. (2004). Stack and Sway: The New Science of Jury Consulting. Boulder, CO: Westview Press. pp. 86–87. ISBN 9780813342412. OCLC 55858096.
  4. Strier, Franklin & Shestowsky, Donna (1999). "Profiling the Profilers: A Study of the Trial Consulting Profession, Its Impact on Trial Justice, and What, if Anything, to Do About It". Wisconsin Law Review. pp. 450–51.
  5. Shapiro, Ari (June 9, 2005). "Jury Consultants and Arbitration of Civil Lawsuits". Day to Day. National Public Radio. Retrieved July 14, 2006.
  6. Posey, Amy J. & Wrightsman, Lawrence S. (2005). Trial Consulting. New York: Oxford University Press. ISBN 9780195183092. OCLC 819414718.
  7. Prosise, Theodore O. "Shadow Juries: A Unique Advantage in Civil Trials". Litigation News. American Bar Association Section of Litigation. Retrieved December 16, 2015.
  8. Posey, Amy J. (2005). Trial consulting. Lawrence S. Wrightsman. Oxford: Oxford University Press. ISBN 978-0-19-804036-1. OCLC 65178143.

Further reading
  • Strier, Franklin (1999). "Whither Trial Consulting? Issues and Projections". Law and Human Behavior. 23 (1): 93. doi:10.1023/a:1022378824280. S2CID 143751371.
  • Smith, R. Craig (2006). Championship Law: Seven Keys to Winning Performance in the Courtroom. Victoria, BC: Trafford Publishing. ISBN 9781412093729. OCLC 72981787.

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