We wrote the book on Persuasive Communication and can provide valuable assistance the preparation of successful opening statements and closing arguments. We understand how to structure a persuasive message and can work with you to refine your presentation style to achieve maximum success.

In complex cases and in cases where voir dire is likely to focus on sensitive issues, many federal and state court judges are amenable to the use of a short juror questionnaire. We can design a successful juror questionnaire that has the appearance of objectivity while exposing the most dangerous prospective jurors for peremptory challenges.

Our experience in jury selection activities in a wide range of matters in venues across the country has led us to the conclusion that three juror characteristics – Empathy and Emotional Responsiveness, Cognitive Ability and Motivation, and Psychological Locus of Control – act as perceptual filters that influence judgments make about the issues in your case. We have codified our knowledge of these factors into A Theory of Jury Selection that forms the conceptual foundation for our recommendations regarding voir dire themes and jury selection.

Shadow jury research is an effective method for obtaining daily feedback about the trial from a panel of neutral observers who attend trial. These projects generally involve four to six shadow jurors who are sampled to provide a general approximation of the characteristics of the trial jury. The daily feedback from shadow jurors provides information about the relative persuasiveness of case presentations, the credibility and clarity of witness testimony, and general assessments about verdict preferences. Shadow juries are most effective when they are used to inform evolving trial strategy.

In cases where the exposure is not sufficient to justify the expense of a shadow jury project, we often monitor the trial and provide feedback about the presentation of evidence and effectiveness of witness testimony. Another set of “eyes and ears” combined with our knowledge of juror reactions to case presentations enables us to provide valuable insight when a change of course is warranted during trial.