Do you offer the electronic polling devices as part of your services?
Trial Insights can employ these devices if the client wants them, however, we believe these are not the best ways to measure the efficacy of a story or part of a story in the context of litigation. Many factors influence jurors' reactions to a trial, not all of which are tested in jury research. Electronic polling devices are great for gathering sound bites, but not for relying on messages in trial.
Are you present in the courtroom during trial? Do you sit at counsel table?
If the client wants me in court during the selection process, then I will be happy to be there. As far as sitting at counsel table, that depends on a number of thongs: visibility of the jury box, local rules, comfort level of counsel, etc. This is something we decide together as we approach trial.
I have used some firms that only give me a report full of numbers, do you do that?
Yes and no. We certainly provide charts of key data gathered in the quantitative part of the exercise. We also provide insights as to what the data means and how to overcome the problem or underscore the strength, whatever the case may be. The numbers only tell part of the story. It is our job to interpret those numbers and tell you what they mean at a practical level.
How important is voir dire?
Voir dire is a critical part of trial. It is the time when counsel builds a rapport with jurors and we, as a team, learn what motivates jurors (assuming the judge allows voir dire). Voir dire does not have to be 5 hours long to learn about a juror but it does have to be smart. "Getting your story out there" is one function of voir dire, albeit small. You want to use voir dire to make sure you do not leave dangerous jurors on the panel. Only giving a pre-opening statement sheds little light on how each juror thinks and what role they might play on a jury.
Is jury consulting expensive?
It can be. It depends on what services you hire a firm for. Generally speaking, basic jury research is not very expensive. Doing multiple research projects and building animations and a large graphics portfolio is expensive. Every case warrants an individual look to determine what the scope of work should be and every firm should be transparent about its billing practices. At Trial insights, we do not mark up expenses; we work with fixed fees and appreciate the high cost of going to trial. We are about value, not about billing ourselves as the most expensive consulting firm on the block.
Can you do my project for $5,000 in fees?
No. While we think our prices are fair and slightly below market value in some cases, we are not the low priced leader. If you want quality work and professional time for next to nothing, we are not the firm for you.
What kinds of cases warrant jury research?
Many types of cases warrant jury research. We do jury research on cases with $500,000 exposure to $500 million exposure. The issues drive the decision to hire a consultant, not the exposure. Some smaller cases have difficult issues to present to jurors. Wouldn't you want a leg up? If jury research still seems too expensive, jury selection and witness preparation and general theme consulting can have big impacts on your case without breaking the bank.
Do you do post-trial interviews and what are the benefits?
Yes we do. Post-trial interviews are an excellent way to understand more fully why the jury came to its decision. Was it a particularly credible witness? Was it your three key themes that resonated (or didn't)? It is an insightful end to a trial that always helps counsel understand where they went right or wrong, what worked and what didn't and how to improve the next time. Post-trial interviews are an often overlooked part of consulting services.
Trial Insights is a small company, how do you compete with some of the larger, all-inclusive firms?
We don't, nor do we have to. They have a different business model and we don't feel like we are at a disadvantage. For example, We never staff any project with junior consultants. Everyone on my projects has a minimum of ten years consulting experience, which translates into added value for our clients. Larger firms also tend to promise the kitchen sink. They are self-proclaimed experts in PR and crisis communications, every type of case, every venue in the country and offer every possible service, gadget and trick. We don't do that. We know what our core competencies are and we do those well. And our clients do not have to pay for large offices in NY, LA, Chicago and San Francisco to boot. In terms of graphics, we realize graphics are an important part of the communication of complex facts. We will be happy to pass on some names of the quality firms with whom we have worked over the years.