R. Robert Samples News

ALL THINGS JURY: Witness likeability equals credibility

By R. Robert Samples | Aug 5, 2009

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.

ALL THINGS JURY: Making the case for trial consultants

By R. Robert Samples | Jul 23, 2009

CHARLESTON -- There are many reasons for litigators to seek qualified trial consultants to assist them with case strategy and jury selection.

ALL THINGS JURY: The 'better' jury panel

By R. Robert Samples | Jun 23, 2009

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.

ALL THINGS JURY: Thoughts on witness preparation

By R. Robert Samples | May 28, 2009

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 any facts or elements of the witness' testimony.

ALL THINGS JURY: Predicting monetary awards

By R. Robert Samples | May 13, 2009

In past columns I have stated that the most difficult -- and least effective -- use of jury research is trying to determine potential monetary damages.

ALL THINGS JURY: What makes a good alternative research venue?

By R. Robert Samples | Apr 24, 2009

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.

ALL THINGS JURY: Does popular culture impact juries?

By R. Robert Samples | Apr 9, 2009

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.

ALL THINGS JURY: Understanding jury deliberations ... from psychology to sociology

By R. Robert Samples | Mar 20, 2009

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.

ALL THINGS JURY: Research without bias

By R. Robert Samples | Mar 3, 2009

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?

ALL THINGS JURY: Jury selection insights, Part Two

By R. Robert Samples | Feb 18, 2009

CHARLESTON -- When professionally conducted, jury research can reveal attitudinal and lifestyle questions that may be utilized during the voir dire process.

ALL THINGS JURY: Jury selection insights, Part One

By R. Robert Samples | Feb 5, 2009

Beneficial voir dire questions originate from well-thought through research efforts. They are typically attitudinal, lifestyle questions and are not demographic based.

ALL THINGS JURY: Some thoughts on voir dire

By R. Robert Samples | Jan 21, 2009

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.

ALL THINGS JURY: Trial research is longitudinal learning

By R. Robert Samples | Dec 11, 2008

Like many scientific research efforts, trial research is most effective when there is an opportunity to build on previous learnings and results.

ALL THINGS JURY: Litigation Hellholes: Is it the juries or the system?

By R. Robert Samples | Nov 26, 2008

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?

ALL THINGS JURY: Beware the jury foreperson

By R. Robert Samples | Oct 15, 2008

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.

Why the Star Trek defense doesn't work

By R. Robert Samples | Sep 12, 2008

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, and even "logical."

ALL THINGS JURY: Reaction to plaintiff a key component of 'jury think'

By R. Robert Samples | Aug 12, 2008

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?"

ALL THINGS JURY: There's no substitute for research-based jury selection

By R. Robert Samples | Jul 31, 2008

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.

ALL THINGS JURY: Three deadly jury research sins

By R. Robert Samples | Jul 9, 2008

Samples 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.

ALL THINGS JURY: How much are West Virginia juries to blame?

By R. Robert Samples | Jun 19, 2008

In my last column, I discussed the impact of West Virginia's legal environment on our state's business climate.

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