Pre-Discovery Consulting

Trial Analysts provides a number of consulting services during the pre-discovery phase of the case. We often consult with plaintiff attorneys about choice of venue and defense attorneys about the important characteristics of jurors in a trial venue. Sometimes we are asked to conduct community attitude surveys or an exploratory focus group project in an effort to assess perceptions of the parties and the general claims in the case.

Lessons Learned From Securities and Commercial Litigation

Early in the case, it is critical to obtain an assessment of the important characteristics of jurors in the trial venue.  Our venue analyses provide a snapshot of key demographic, economic, and political issues in the venue. On occasion, our clients also call us for recommendations when they have a choice of trial venues. (pdf of Dallas venue analysis)

Based on our knowledge of juror reactions in similar cases and trial venues, Trial Analysts can provide insight about the likely juror reactions to the case issues.  Given our experience in related matters, Trial Analysts can assist in the development of preliminary case themes that will resonate with the jury.

Clients who are charged with the responsibility for risk assessment and loss prevention typically request a preliminary assessment of the case before moving forward with the discovery process.  Trial Analysts can work with you to prepare a preliminary Winnability Assessment ® of your case, based on an understanding of the anticipated case facts, an evaluation of witness credibility, and an examination of juror characteristics in the trial venue. 

In many cases, clients have an understanding of the major positions that will be adopted by the parties in a lawsuit before discovery begins.  Given this understanding, it is possible to conduct an exploratory focus group project to test initial reactions to case issues and obtain a preliminary check on the viability the anticipated case presentation.

In cases involving a high-profile client, emotionally charged issues, or considerable media attention, a telephone survey with 200 to 300 respondents in the trial venue can provide insight about jurors’ knowledge of the case issues and attitudes toward the parties.  Typically, the survey includes a synopsis of the general plaintiff and defendant positions in the case and asks respondents to provide their impressions of the case. 

 

“I have used your firm on more than one occasion and found you to be responsive, insightful, efficient and very helpful.  I would not hesitate to retain you again in the appropriate case.”

Bob Fischer
Fulbright & Jaworski – Los Angeles

Video: Purpose of Venue Analysis

 

 
 
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