Trial Consultant
Case and Trial Preparation
Trial Consultant Molly M.Murphy, MDR has consulted on over 800 cases with winning case strategies.
CASE & TRIAL PREPARATION
Evidence Preparation and Presentation of Themes
Analyze discovery and evidence to determine most effective presentation of theme. Brainstorm with attorneys to determine best approach with case and their style of presentation. Develop effective exhibits for presentation to the jury.
Witness Preparation
Prepare lay and expert witnesses. Focus on testimony that will emphasize the theme. Work with witnesses to maintain same page testimony. Specialize in working with difficult witnesses.
Theme Development and Trial Strategy
Assist in creating the story line with continuous emphasis of the theme throughout the trial.
Focus Groups & Mock Trials
Areas to address in a focus group:
- Does the responsibility of the case lie with the defendant(s) or plaintiff(s)?
- Whose story fits the evidence and whose story is believable?
- Case issues, theories, positioning of case, evidence presentation
- Risk assessment, cost/benefit analysis
- Monetary value of plaintiff’s injury
- Can the burden be met with the most compelling evidence?
- Liability, causation and negligence issues
- Determine specific evidence to focus on at trial
- Analyze jurors’ reactions to sensitive issues
- Determine witness credibility
- Evaluate style of presenter
Visual Presentations for Mediation or Trial
Develop a visual presentation that will guide the jury through the story of the case. Implement a multi-media presentation using enlarged exhibits, demonstrative graphics, video, and presentation of actual documents using the ELMO video projector system, video and CD-ROM presentation.
IN THE COURTROOM
Jury Questionnaire/Voir dire
Develop questions that will reveal harmful prospective jurors while emphasizing the theme of the case. Develop questions that will expose the panels’ beliefs, feelings, prejudices, biases, experiences, concerns and fears.
Witness Preparation
Assist in re-visiting the “big picture” of the case through the evidence of testimony, documentation, exhibits and presentation surprises. Check for accuracy of testimony and Opening Statement promises. Build a powerful summation of what this case has been all about through demonstrative graphics and verbal presentation.
Opening Statement
Assist in building the “big picture” of the case. Create a means to set the stage. Create a vehicle that will engage the jurors and invite them to keep track of the promised unveiling of evidence that will prove the case. Tell the story of what this case is all about and what can be expected through the presentation of evidence.
Trial Monitoring
Monitor jurors reactions to the testimony. Confer with counsel regarding my assessments of the jury regarding the daily direct and cross-examinations. Assist counsel and witnesses in maintaining focus on the theme. Track how the evidence is being presented and received; revisit issues through re-direct or re-cross.
Closing Argument
Assist in re-visiting the “big picture” of the case through the evidence of testimony, documentation, exhibits and presentation surprises. Check for accuracy of testimony and Opening Statement promises. Build a powerful summation of what this case has been all about through demonstrative graphics and verbal presentation.
Polling The Panel
The polling of the panel is critical to understand of the trial results. Gather evidence/statements in support of declarations for post-trial motions, if necessary.
Shadow Jury
Select a small panel of people who will monitor the trial and provide feedback on the trial presentations. It is very important to select a panel that closely resembles the impaneled jury. I also monitor the trial along with the shadow jurors, develop the daily questionnaire from trial presentation and evaluate the responses. I then determine what information may be pertinent and relevant to the case before presenting the findings to the trial lawyer(s).
CONNECTING THE JURY TO YOUR CASE
4 Corners of Your Case
There are four main points that you want the jury to understand and connect with your case. You should be able to tell your story with these main points:
