All Things Jury Category Archives: All Things Jury

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CHARLESTON — One subject that I haven’t addressed to any significant degree in this column is the credibility of witnesses at trial and during depositions.
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CHARLESTON — There are many reasons for litigators to seek qualified trial consultants to assist them with case strategy and jury selection. However, the most basic reason is that trial consultants are trained in research methodologies that focus on eliminating … Read More »

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I’m often asked about potential legal reforms that could be made to improve the quality of jury panels. This, invariably, causes me to consider the type of jurors most of us would want on a panel if we were on trial. Yes, I think first from a defensive perspective as I believe most people would if they consider this issue in detail.
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One of the fastest growing concerns for businesses is the potential liability of employee harassment and discrimination lawsuits. In these politically correct times, workplace lawsuits have grown greatly in terms of both quantity and potential monetary damages.

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CHARLESTON — Preparing witnesses for depositions and trials is a common tool utilized during litigation. The goal of these efforts is to help the witness tell their story in a straightforward, understandable fashion. It is NOT a method to change … Read More »

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In past columns I have stated that the most difficult — and least effective — use of jury research is trying to determine potential monetary damages.
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CHARLESTON — The best jury research replicates the actual trial situation as closely as possible. Unfortunately, conducting surveys, focus groups and mock trials in the actual trial venue often has significant downside.
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CHARLESTON — In previous columns I have described factors that influence jurors. These factors have included group dynamics whereby people influence each other and individual lifestyle and values that affect juror opinions.
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CHARLESTON — The primary task for jury consultants analyzing the jury deliberation process is to move from a psychological to a sociological focus. This is accomplished in several ways.
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One of the issues that I confront on a regular basis is accusations that our jury research is biased. That is, either plaintiff counsel or defense counsel claims that our research has a particular agenda. They sometimes claim our agenda reflects our client’s position in a particular case. My response … huh?
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CHARLESTON — When professionally conducted, jury research can reveal attitudinal and lifestyle questions that may be utilized during the voir dire process.
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Beneficial voir dire questions originate from well-thought through research efforts. They are typically attitudinal, lifestyle questions and are not demographic based. Read More »

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The jury selection process can be one of the more frustrating and mystifying aspects of trial work. The challenge of selecting a fair and impartial jury panel can be a daunting task in, and of, itself.
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Like many scientific research efforts, trial research is most effective when there is an opportunity to build on previous learnings and results.
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Why are West Virginia and other venues considered “litigation hellholes” by many? Are the underlying reasons primarily a product of local juror attitudes and opinions or more closely tied to the workings of the local legal system? Read More »