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Theme Development
Research in education, communications, psychology, anthropology and cognitive science has given scientific basis to what good storytellers and trial lawyers already know: Themes are critical for helping an audience organize the information they receive and make decisions based on that information.
To persuade a jury, an attorney must develop case themes that help organize the diverse case facts and convey the case theory. Developing persuasive and powerful case themes can be aided by trial consultants who understand themes already circulating in that community and in the general culture that relate to the trial issues. Once you have developed what seem good case themes, you can test them to determine how effective they actually are with the type of people who will hear your case. Mock trials and, in some cases, community surveys, can be used to evaluate and determine the effectiveness of various approaches to case argument.
Often, themes are as important for influencing jurors' damages decisions as their votes on liability. To affect damages awards, attorneys need to influence jurors on the issues of responsibility, blame, and justice.
While many attorneys have a good intuitive grasp of how to develop effective arguments, we bring to bear extensive research traditions that can help support, productively challenge, and empirically test and refine the trial team's themes.
We also have the benefit of deep case experience and many years of empirical research on case types like your own. We are involved in dozens of trials and cases every year. We have observed, interviewed, and collected attitudinal data on thousands of jurors. We can bring our experience to bear to review relevant case documents to identify major case issues and consults with the trial team to clarify problematic themes and issues. We analyze the psychological, emotional and communication elements of a case and explore language options to form themes, phrases and mental images of key issues. Our consultants develop strategies and questions for depositions, formulate a negotiation posture, and evaluate your settlement style options. To assist you during trial, we can also provide memoranda and position papers on strategies and tactics.
Hiring us to assist with theme development and general case consultation can be a cost effective way to gain the benefit of our experience.
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Venue Studies
Drawing on census and General Social Survey data as well as our own in-house data sources, we can develop a profile of venues anywhere in the country. Because of our academic backgrounds, we can draw on a network of social scientists living and teaching in communities all across the country. We will give you a report that draws a portrait of the venue to assist you in preparing for trial.
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Change of Venue Surveys
TBC consultants design surveys to measure opinions and levels of prejudgment in trial venues in order to evaluate potential juror prejudice. We collect survey data from two or more venues to provide a comparison of the level of pretrial biases in different venues. This data is then analyzed and documented describing the nature and extent of pretrial publicity. Affidavits, expert testimony, and exhibits are included to provide compelling evidence of research findings. TBC also conducts surveys to support motions for delay of trial due to extensive pretrial publications.
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Demonstrative Evidence
In exploring the case issues, strategy and evidence with attorneys, TBC identifies the ideas and images that need to be communicated to the jury. We develop concepts for the design of demonstrative graphics and exhibits that convey the most important aspects of the case, maximizing comprehension and impact. Our consultants systematically review each exhibit to make certain it reflects and reinforces case themes. If possible, we also test the effectiveness of demonstratives in a mock trial or focus group.
We partner with a number of firms that produce demonstratives and litigation support, ranging from edited videotaped depositions and discovery database management, to scanned and enhanced documents, to complex animations and simulations.
We choose partners who share our commitment to providing the best in both service and work product to clients and who have significant litigation experience. Far too often, trial consultants planning trial themes and graphics consultants preparing exhibits have minimal communication as each helps the trial team prepare for trial. This lack of collaboration can result in cost overruns and ineffective exhibits that don't convey your trial themes. We have relationships with these companies that ensure a productive synergy between their team and Trial Behavior's team.
Our partners offer a range of services and price points. Discuss your needs with us and we can recommend a firm that best meets your needs, working style and budget.
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Opening Statements & Closing Arguments
TBC assists in composing and editing your opening statement and closing arguments. Our consultants give special attention to emotional and psychological themes, linguistic and jargon issues, pacing and credibility, and theme development. We can conduct videotaped rehearsals with you and provide feedback, or you can send us videotape for evaluation.
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Other Expert Services
All of the consultants at Trial Behavior have extensive social science training and many are experts in areas that can be helpful in analyzing case facts, parties, and witnesses and preparing expert testimony for trial. We can also analyze the datasets and reports of opposing experts in related fields and give evaluations of the soundness of their methods and conclusions. A number of our consultants have considerable experience as testifying experts. For more information,
contact us.
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