Trial Consultant Overview
Evidence Preparation and Presentation
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.
Theme Development and Visual Presentation
Assist in creating the story line with continuous emphasis of the theme throughout the 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, vide and CD-ROM presentation.
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.
Jury Questionnaire, Voir Dire Questions
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.
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 and Assessment of Testimony
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.
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.
Focus Group (Mock Trial)
There are many areas t address in a focus group:
- Where does the responsibility of the case lie — with the defendant(s) or plaintiff(s)
- Prosecutor’s case or defendant’s case. Who’s story fits the evidence and who’s story is believable?
- Case issues, theories, positioning of case, evidence presentation.
- Risk assessment, cost/benefit analysis
- The monetary value of plaintiff’s injury.
- Can the burden be met with the most compelling evidence?
- Liability, Causation and Negligence issues.
- Determine weight of specific evidence and what to focus on at trial.
- Check out jurors’ reactions to sensitive issues.
- Determine witness credibility.
- Determine effective style of presenter.
- Et, al.
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).