Litigation Strategy and Consulting

We have the experience and skills to provide an independent, rigorous evaluation of your trial strategy. Our consultants work with litigators from the time the first pleadings are filed (and sometimes even before filing) through discovery, witness preparation, jury selection, and the drafting of opening and closing statements to make sure the most effective possible arguments and record are developed.

Even when the facts are clear, the parties (not to mention jurors and judges) can disagree about what they mean. We can help you understand the various interpretations that judges and jurors are likely to apply and how to present your case in a way that maximizes the chances of success.

Trial Research and Theme Development

Our approach is to use rigorous and sophisticated quantitative and qualitative methods to gather information about how prospective jurors are likely to see the broad themes and specific arguments and evidence used by each side at trial.

We take great care to make sure our mock trial and focus group participants include a representative cross-section of the jury pool in the jurisdiction where the case will be tried, and we use much more intensive measurement of participant opinion than most consultants.

Careful analysis of this information gathered in this process allows us to identify which arguments make a difference and why, providing insight that leads to substantial improvements in trial advocacy.

  • Mock trials
  • Focus groups
  • Community attitude surveys

Witness Preparation and Discovery

  • Evaluation of expert and fact witnesses
  • Witness preparation
  • Analysis of demonstrative evidence

Representative Experience

  • Designed and executed mock trial research and jury selection strategy for defense of series of employment claims against major life sciences firm.
  • Developed trial strategy in complex antitrust cases involving agricultural products and construction industry.
  • Conducted multiple jury research projects for well-known technology company accused of theft of trade secrets in acquisition of startup software firm.
  • Advised major accounting firm on jury selection and development of themes in several jury trials involving allegations of professional malpractice and fraud.
  • Consulted for large food maker on choice of forum for consolidation of multi-district antitrust class action litigation.
  • Analyzed discovery record and assisted trial team in developing strategy for bench trial in ERISA litigation arising from spinoff of subsidiary of leading pharmaceutical company.
Permalink 01/31/12 Categories: Services, Representative Experience ,