Persuasion Strategies: Services/Litigation Consulting

The ability to quickly prioritize potential jurors most detrimental to your case to strategically exercise cause and peremptory challenges is critical in any case. Key in this process is knowing what juror attributes and characteristics are most indicative of potential juror bias against your client. We will design a profile of jury attitudes, life experiences, and demographic characteristics that are likely to identify jurors of "high risk" to you. From that profile emerges focused questions and a more informed and effective jury deselection process at trial.

Voir dire questions are designed with two goals in mind: 1) to glean as much information from jurors as possible to enable you to intelligently exercise challenges; and 2) to subtly introduce case themes to the venire. We identify techniques and tactics that encourage jurors to give honest and responsive feedback to questions while concurrently orienting fact-finders to the themes that will structure your case.

Mock voir dire is designed to test the clarity and flow of your questions, and jury interaction. Participants give counsel feedback about the questions posed. A practice run allows counsel to evaluate juror reactions and interactions with topics and questioning styles, and anticipate effective follow-up questions to potential juror responses.

Faced with making critical choices with often limited information, and even less time, we assist by observing the jury selection process to evaluate potential jurors' behavior, submitting follow-up questions to the trial team, and helping the team in exercise informed challenges for cause and preemptories.

Focus group research is intended to give counsel an early opportunity to test case themes and assess case strengths and weaknesses. Focus group research helps “focus” the discovery process and highlights a jury-based approach to creating the witness list, refining areas of testimony, structuring the verdict form, and deciding how to deal with issues such as empty chairs and collateral sources.

When venue bias is in question, we assist with community interviews or survey research to evaluate the venue. We have experience preparing affidavits and testifying if venue bias is a concern.

The major goal of community attitude survey research is to focus on the venue to reliably determine the prevailing attitudes that will most impact potential jurors' view of both the case and the parties involved. Survey research scientifically identifies which juror characteristics will be most detrimental to your case and your client.

Working with counsel, we recruit fact-finders similar to the tier of fact in your case. Following the mock presentation(s), Persuasion Strategies analyzes the feedback and provides strategy recommendations for the actual arbitration, hearing, or bench trial.

In jurisdictions that allow interviews, evaluating jurors' reactions gives insight into not only the case that was tried, but also informs future case work and advocacy. We assess jurors' decision-making rationale, reactions to witnesses, and evaluations of counsel.

Similar to the mock arguments for bench trials, arbitrations or hearings, mock appellate arguments can offer appellate counsel insight into anticipated questions for oral argument, and recommend strategies for presenting a critical argument.

We help counsel identify the strengths and weaknesses of the cases they consider filing or defending. Case evaluation, assessment, case merits, focus groups, arbitrator and judge interviews, and document analysis are some of the tools we use to apply our litigation experience to your case consideration.

We focus on assisting trial teams develop a persuasive opening statement with the fact-finder in mind. Preparation focuses on: 1) theme development; 2) incorporation of effective demonstrative visuals and graphics; and 3) effective use of language and analogies. In addition, counsel may choose to take advantage of practice runs that will focus on fine-tuning the argument and honing public speaking skills.

In determining case strategy and themes, we also develop a central graphic theme which helps identify what informational graphics will best define a case and impact discovery.

Pulling together witness testimony and evidence into a compelling closing argument means making strategic choices on organization and what to leave out. We assist with these choices, as well as communication skills to create the most compelling argument.

Witnesses who lack strong communication skills and the necessary self-confidence to do well in their depositions can unintentionally harm the case. Effective witness preparation for deposition teams the trial consultant with trial counsel. The result is a thorough and balanced witness preparation. Upon completion of the preparation, witnesses feel more confident, relaxed, and in command of their testimony.

The goal of witness preparation for trial is to acquaint the witness with areas of testimony in the context of both direct and adverse testimony. Direct examination practice focuses on visual and thematic ways to communicate the information. The witness actively participates by demonstrating his/her preferred mode of communicating key testimony. Feedback is also given on demeanor and use of language. Adverse testimony or cross-examination practice focuses on helping witnesses communicate credibly and stay in control of their testimony. By the end of the preparation, the witness should feel more at ease with his/her testimony and with telling the truth as effectively as possible.

A persuasively written brief can capture the attention of the judge, mediator, or arbitrator. Further, a well-organized, concise document can: 1) increase the likelihood of a favorable ruling; and, 2) lay important groundwork for viewing the remainder of the case through your filter. Persuasion Strategies consultants will give you strategic recommendations for making your brief as compelling and clear as possible.