Decision by Trial
LexisNexis, Executive Editors Dr. Allan H. Colman and Dr. Philip K. Anthony, 2002.
Trial lawyers, or "trial dogs" as we often hear them refer to themselves, are a distinct breed within the legal community, and their needs are unique and persistent. They need to know what jurors think and how they think on an ongoing basis over the course of a trial.
DecisionQuest has spent the last decade doing jury research and has pioneered a number of innovations in this business. As experts and as pioneers, we'd like to offer you some of the knowledge we've amassed over the years. In short, what to do; what not to do; and what to avoid at all costs.
While we wouldn’t presume to say that we teach old trial dogs new tricks, we help trial lawyers to become more persuasive at every stage of their careers – more persuasive to juries, judges, other decision-makers and the court of public opinion.
We hope yon enjoy what yon read and find it useful to your practice of law. Since we started writing articles based on requests for information, we don't plan to stop here. If what we've provided in this volume is useful to you, please let us know. And if you have questions, please feel free to ask. Contact us at info@decisionquest.com or visit us on the web at www.decisionquest.com.
The Four Keys
We believe there are four key elements to success in the courtroom: knowledge, control, persuasion and winning. While all four are necessary to ultimate victory, it is often the case that one factor becomes more prominent in a specific trial. The "overview" section of each chapter discusses how these themes apply to the concepts discussed in that chapter.
Book Organization
This book is a compendium of our current knowledge and thinking on the subject of jury trials for trial lawyers. The text is divided into six chapters, each covering a key concept in understanding juries and trial strategy. Throughout the text, we have included a variety of short "Trial Tips." These tips are intended as an instant resource that you can put to use in your next trial. A brief overview of each of this book's six chapters is included below.
Behind the Looking Glass: Understanding Juries, Jury Research and Juror Attitudes
The first chapter is divided into three sub-sections: Voir Dire, Jury Research and Juror Attitudes. Throughout this chapter, yon will read articles about juror questionnaires, jury selection methods and how to talk to the jury pool. You will also find research on jury research itself. Yon will learn what to look for in a jury consultant so yon won't be paying for inferior or unusable strategy. In addition, yon will be able to read about how jurors approach the trial process, how they process information and how they think about evidence. In short, you will be able to peek into jurors' minds and see trials from their perspective.
Case and Trial Strategies: Creating a Compelling Presentation
The second chapter deals with case and trial strategies, and as you might imagine, you will be reading how to persuade decision makers. Here you will learn how to craft a winning case story, how to prepare witnesses to testify successfully and how to use a brainstorming technique to create better courtroom visuals. Moreover, this section details the psychology behind jury-awarded damages and how best to approach particular types of trials.
The Media: How to Withstand the Glare of the Spotlight
The third chapter of this book is devoted to managing the media and the court of public opinion. If you have ever wondered how to withstand a full-scale media assault, this chapter will offer tried and true methods to work with the media while also getting your message across. In addition, we discuss working with the media before any litigation is ever considered. Often, you can find out what key decision-makers think before your client makes a move that may result in litigation. It's a trial lawyer's version of Ben Franklin's maxim about "an ounce of prevention."
Technology: A Brave New World in the Courtroom
The right technology can be key to winning presentations in the courtroom. That's why our fourth chapter is devoted to the issues of technology in this new century.
In this chapter, you will learn about various kinds of imaging and animation technologies and find out what each does best In addition, we will clue you in on effective visual communications and how to walk the fine ethical line between accurate representation and blatant manipulation. We also explain the effective uses of databases in trial preparation.
Gender and Ethnicity: Diversity in the New Century
The penultimate chapter deals with issues of gender and ethnicity in the courtroom. Jury pools are increasingly diverse, as our country becomes more diverse. Also, as more minorities and women graduate from law school, the face of trial lawyers will change. Instead of white men in suits, juries will be introduced to men and women of every color. How this will affect jurors, judges and you is explained clearly and in detail.
Current Trends in Litigation: Is the Jury Trial Really in Trouble?
The final chapter is devoted to the future of the jury trial. Should the system be changed? Our experts think that several changes could yield a more effective jury system. While their suggested changes are significant, they challenge more sweeping reforms. Read about how each would make the process more efficient.
DecisionQuest/National Law Journal
2001 Annual Juror Outlook Survey Results
In an appendix to this book, we have included a summary of the results of the Fourth Annual Juror Outlook Survey, conducted from October 15 through October 29, 2001. This national survey polls prospective jurors throughout the country to find out what they think about a variety· of current issues that may arise in litigation.
DecisionQuest
DecisionQuest was founded in 1991 and is One of the most experienced trial consulting firms in the country. Our professionals have consulted on thousands 6fcases 'all over the United States. We believe our greatest contributions are made in developing persuasive messages for decision makers (juries, trial judges, public service commissions, administrative law judges, tax court officers). We are expert in strategy and theme development, witness evaluation and 'preparation, the design and production of demonstrative exhibits, jury profiling and selection, courtroom technology, and litigation public relations. We are retained by major corporations and leading law firms. Our typical assignments can be characterized as involving complex issues, high risk, high stakes, and potentially inflammatory facts. Trial attorneys report that our work has been instrumental in charting the course of their cases and making a real difference in the outcome.
Members of our firm regularly publish articles about new ideas in our field and are invited to lecture to legal groups and associations all over the country as well as to the inside counsel and executives of major corporations.
Visit us at our website, located at www.decisionquest.com. to learn more about the products and services offered by DecisionQuest.
By Dr. Philip K. Anthony
Dr. Allan H. Colman,
Executive Editors
Heather Z. Hutchins,
Editor
