|
Laws might have been made tougher to limit the number of securities class actions, but the current climate makes most jurors - even many who in other times may be strong business supporters - very willing to believe plaintiff claims about corporate malfeasance and cover-ups. Jurors, however, contrary to popular myth, do in fact pay attention to evidence. This can be seen in some recent criminal verdicts in securities cases, where jurors have differentiated between co-fendants, finding some guilty and others not guilty. Most defendants have become averse to the risks of a civil jury trial, however, fearing multimillion dollar verdicts, choosing to settle rather than fight. The irony of the rush to settlement is that it leaves everyone without any real world markers of how jurors might evaluate the evidence and value the damages in these kinds of cases.
Awards & Settlements
With fewer and fewer cases going to verdict, award amounts can be difficult to gauge without real-world testing. Conducting a mockt trial can be the best way to attach a real-world number to your settlement demand.
Witnesses
In securities cases, good witnesses and experts are one of the few effective tools to overcome juror attitudes. The sword is double-edged, however: let a witness be perceived as a "company man" and the testimony can actually reinforce juror prejudices. We have extensive experience preparing witnesses to support your strategy and undermine your opponent's.
Themes
Just as importantly, determining and testing which themes and graphics are effective in overcoming initial attitudes is indispensable in any high-stakes litigation. This is especially true in securities cases, in which the evidence and points of law are often complex enough that hard decisions must be made regarding what to focus on so that jurors hold onto a few key concepts by which they make their determination.
"I think he felt what he was doing was best for the company."
-Mock trial juror quote from a securities case, commenting on a CEO's controversial decisions.
Juror Attitudes in Securities Cases
Not every juror reacts the way the man quoted above did: many hold strong prejudices against corporations and financial institutions. In an era when securities cases can affect the economy, jurors may sometimes see a case in terms of their perception of its impact on their financial well-being. Pre-trial research, such as mock trials, focus groups, or surveys, can help identify the past experiences and attitudes that are often central to deliberations.
Juror Psychology
Our consultants all have both social science research backgrounds and extensive courtroom experience. This dual expertise gives them a unique edge in the psychology of juries and their decision-making processes. For example, whether an individual see him of herself (and others) as ultimately responsible for events in his or her life makes a sizeable difference in how to approach such a person when trying to convince them on the assignment of blame in a complex case.
Related Articles:
Beware the Anxious Juror 
Finding Out What Works with a Jury: Developing and Testing Case Themes
Making Your Damages Argument Persuasive
Standing at the Crossroads of Truth and Advocacy: How to win jurors and influence outcomes through expert testimony
|
