"We Can't Afford a Jury Consultant" and Other Myths

A common misconception among attorneys and their clients is that only multi-million dollar lawsuits justify the expense of hiring a jury consultant. This would be true if the only services provided by jury consultants were expensive mock trials. But in fact, many consultants have expanded their practices to include not only comprehensive mock trial research activities, but also very affordable services that can help attorneys prepare for cases of any size. Attorneys no longer need a five- or six-figure jury research budget to be able to add an experienced jury consultant to their trial team. Here are a few examples of the jury consulting services available at very modest prices:

Strategy consultation: Even without focus groups and mock trials, an experienced trial consultant can review the major case documents and the current strategy. From that review, the consultant can determine whether your story is complete, what additional information jurors may want to know about the case, and whether the current strategy has overlooked or neglected any important issues.

Opening statement consultation: Does the opening statement tell a clear, simple story? Does it explain why one side deserves to win and the other side deserves to lose? Does it speak to all of the important aspects of the case? A few hours of work by a trial consultant can sharpen the message in the opening statement and make it a more effective tool of persuasion.

Jury selection: Although mock trial research is the most effective method for evaluating the power of voir dire questions, an experienced trial consultant can recommend general questions even without pre-trial research that may identify the attitudes and experiences that affect jurors’ views on a case.

Witness preparation: Inexperienced or difficult witnesses can benefit greatly from a few hours of practice and training with an experience trial consultant.

Pro bono work: And last but certainly not least, many consultants (including yours truly) are willing to work pro bono on certain cases.

In short, “Bet the Company” lawsuits and serial litigation require comprehensive jury research in order to develop and refine a winning trial strategy. However, “smaller” cases can also benefit from the services of a jury consultant, often at a minimal cost to the client.