Trial consulting
Encyclopedia
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
. Modern trial consultants help prepare witnesses, improve arguments and rhetoric, and select juries.
Although 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", and many in the field now prefer the term "trial consulting" to "jury consulting". 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. This is also the reason that many jury/trial consultants are now referring to themselves as "litigation consultants".
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.
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
or civil lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
. Modern trial consultants help prepare witnesses, improve arguments and rhetoric, and select juries.
Although traditionally sophisticated jury selection methods
Scientific jury selection
Scientific jury selection, often abbreviated SJS, is the use of social science techniques and expertise to choose favorable juries during a criminal or civil trial. Scientific jury selection is used during the jury selection phase of the trial — when lawyers have the opportunity to question jurors...
were a mainstay of trial consultants, they now "place far less emphasis on jury selection than they did in the past", and many in the field now prefer the term "trial consulting" to "jury consulting". Since many cases are now settled
Settlement (law)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. The term "settlement" also has other meanings in the context of law.-Basis:...
out of court or decided by arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
, some trial consulting firms have diversified to include mock mediation and arbitration sessions. This is also the reason that many jury/trial consultants are now referring to themselves as "litigation consultants".
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.
Further reading
- Franklin Strier (1999). "Whither Trial Consulting? Issues and Projections." Law and Human Behavior. 23 (1): 93
- R Craig Smith (2006). Prolumina Trial Consulting: "Championship Law: Seven Keys to Winning Performance in the Courtroom." Trafford Publishing.