All Things Jury Category Archives: All Things Jury

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CHARLESTON — I have often written about the danger of using jury research as a means to assess financial risk for jury trials. I must continue to remind litigators and their clients that the best use of jury research is for testing themes and messages and refining case strategy. Read More »

Many of us are familiar with Leonard Nimoy’s quote from the second Star Trek movie as he sacrifices his life to save others, “The needs of the many outweigh the needs of the few.” A very noble sentiment, of course, … Read More »

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CHARLESTON — In a previous column, I wrote that jurors utilize long-held opinions and attitudes when serving on a jury panel. But, what are some of the major influences and emotions that impact “juror think?”
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Yes, you are a skilled litigator. Yes, you are an experienced communicator. Yes, you can gain the trust and confidence of jurors. However, you may still be at a severe disadvantage with a jury panel when presenting your case. Additionally, any disadvantage probably has nothing to do with any fault of yours.
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CHARLESTON — There are many reasons that litigators turn to jury consultants to assist them in preparing for trial. Similarly, there are several issues that jury consultants often face with clients that require thoughtful communications in order to explain the limits of trial research. Read More »

In my last column, I discussed the impact of West Virginia’s legal environment on our state’s business climate. My column was prompted by Chesapeake Energy’s decision not to build an Eastern Division headquarters in Charleston due to the West Virginia … Read More »

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Last week’s announcement by Chesapeake Energy Corp. that it has stopped plans to build a new Eastern Division Headquarters facility in Charleston was a serious blow to the local, and state, economies.
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One of the most effective research methods in a trial consultant’s toolbox is the post-trial interview with members of the actual jury panel. Once a relevant trial is concluded, jury consultants work with the court to obtain permission to speak … Read More »

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The term “junk” science has been around for several years now. A working definition for the term is “faulty scientific data and analysis used to advance special, or hidden, agendas.”
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The longer I practice in the jury research arena, the more I appreciate that psychology and sociology are as much art as science. I have also come to realize how little we really understand about predicting human behavior. Having said that, there are some axioms that are, at least, general guideposts in the practice of understanding jury, and juror, behavior.
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More often than not, clients and litigators contact a jury consultant once they believe that a trial is imminent. They view jury research as an important exercise to ready their case for trial and to assess the level of risk associated with trying the case to a jury decision.
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When a company faces a lawsuit and a trial by jury, its reputation becomes very important to the outcome of a trial.
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You are about to call your “key” witness to the stand. How confident are you that jurors will react favorably? Without extensive preparation, you can’t be sure.
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A corporation and its team of lawyers think they have a winning case. There’s no way the jury will side against them. The facts are clear. The company has always viewed itself as a responsible corporate citizen. Then the unthinkable … Read More »

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CHARLESTON — In my last column, I discussed the relevance of quantitative surveys in jury research in which telephone surveys are used to elicit responses to individual questions giving the client projectionable results.
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