Q: SHOULDN'T I HIRE A BIG FIRM?
A: If you like, but firms don’t solve problems, people do. You should look for the best person to help you solve your litigation problem, no matter where they work. Talk to several consultants; ask about their background, their experience, their working style. Then hire the one you’re most comfortable with. Even the largest jury consulting firms are absolutely tiny compared to their law firm or corporate clients, so size really shouldn't matter.
Q: ISN'T IT BETTER TO HIRE A JURY CONSULTANT WHO’S FROM THE TRIAL VENUE?
A: No. Jury consultants aren't venue experts; we’re jury behavior and jury communication experts. It’s best to hire the jury consultant who you think will best understand your needs and whose advice you think will be most practical and useful to you. Venue is just one of the dozens of communication variables we consider in our work. Your local counsel is your real venue expert; they know your judge, opposing counsel, local rules, history and current events.
Q: Aren't all jury consultants the same?
A: No, we're not and the type of work product we produce varies from one to the next (even within a firm). Some consultants focus on data and charts, tending to rely on numbers to tell the story. Others rely on their intuitions and perceptions. Finally, some of us blend the qualitative and the quantitative data with our experience to develop our consulting advice. As the client, it is important for you to know which type of consultant you’re hiring and to know what work product you’ll receive.
It's important to understand that jury consulting is not science; it's consulting advice which is partially informed by data. The jury consultant uses their experience, along with data, to advise clients. Since human behavior is very context dependent, the advice a jury consultant provides will depend on the context in which jurors view the actions of your client. This is why a consultant should be reluctant to opine on a case they haven’t studied in depth.
Q: How do you design and structure a research exercise?
A: By learning a lot about your case and the objectives you hope to achieve. My first step is to learn about your case in detail through discussions and case documents. Then I talk to you to develop your wish list of potential research objectives. Next, we will prioritize those research objectives and work them into a draft research agenda, This process always features frank talk about trade-offs and the limitations of specific research designs. Finally, we will continue to discuss and refine the design throughout the stages of research prep.
Q: How can one firm bid $20,000 for a mock trial while another bids almost $40,000?
A: Follow your nose on this one, because the answer is just what you’d expect. Those mock trial projects aren't the same and neither is the work product you’ll get from the consultants. Here’s why:
Merely setting up a mock trial takes lots of time and effort. In fact, the $20,000 bidder will use up most of their budgeted hours on just the bare bones of arranging and running the exercise. This will then leave only a tiny portion of their time budget available for the really important tasks like: analyzing data, developing strategic advice, and reporting results and recommendations to their client. Inexpensive jury research tends to be heavy on data, and light on detail and strategic consulting advice. Now, there's nothing at all wrong with an inexpensive project, but you do deserve to know what you and your client or insurer are paying for.
Q: Are mock trials or focus groups done to predict trial verdicts?
A: No. They are done to see how jurors are likely to process and evaluate your unique fact pattern. Mock trials are to trial attorneys as test screenings are to Hollywood producers; they use a preview audience to gauge the general reaction to your case. Once the test results are in hand, the consultant and trial counsel need to make them useful. That's where the real work of a jury consultant begins.
Q: Why don't you post a list of your clients or matters you've worked on?
A: Because hiring a jury consultant to assist you isn't a matter of public record like hiring a trial attorney and jury consulting clients usually don’t like their names disclosed publicly. However, I will happily provide references when we talk to you about your case.