Trial consulting explained

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]}

Further reading

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

In fiction

• Bull (2016 TV series)

Notes and References

1. Book: Brodsky, Stanley L. . Principles and practice of trial consultation . 2009 . Guilford Press . 978-1-60623-254-5 . New York . 436034162.
2. News: Matthew . Hutson . Unnatural Selection . March–April 2007 . . February 23, 2017 .
3. Book: Kressel . Neil J. . Dorit F. . Kressel . amp . 2004 . Stack and Sway: The New Science of Jury Consulting . Boulder, CO . Westview Press . 86–87 . 9780813342412 . 55858096 .
4. News: Franklin . Strier . Donna . Shestowsky . amp . 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 . 450–51 .
5. News: Shapiro . Ari . Jury Consultants and Arbitration of Civil Lawsuits . Day to Day . . June 9, 2005 . July 14, 2006 .
6. Book: Posey . Amy J. . Wrightsman . Lawrence S. . amp . 2005 . Trial Consulting . New York . Oxford University Press . 9780195183092 . 819414718 .
7. Web site: Prosise . Theodore O . Shadow Juries: A Unique Advantage in Civil Trials . Litigation News . American Bar Association Section of Litigation . December 16, 2015 .
8. Book: Posey, Amy J. . Trial consulting . 2005 . Oxford University Press . Lawrence S. Wrightsman . 978-0-19-804036-1 . Oxford . 65178143.