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Trial Lab treats each case as an opportunity
to help trial counsel and clients find the answers to some deceptively
straightforward questions:
- What is this case about, really?
- What
are the simple themes that best capture our position, that the
ultimate decision-maker – mediator, arbitrator, judge,
or jury – will
most likely embrace?
- Who among our witnesses can most effectively
communicate with the jury?
- What weaknesses are there in our
case, and how do we address them at trial?
- What is the likely
settlement value of the case?
The process is evidence based. Our analysis centers
on the probable impact of our case themes, witnesses, trial strategy, and graphics, as indicated by the data. Throughout our involvement, we
seek to apply that analysis in a meaningful and practical way.
Our
twenty years of experience in courtrooms throughout the United
States convinces us that evidence-based decision making supports
the usefulness of conducting a focus group or mock trial before
submitting a case to an ADR proceeding. It indicates that a panel
of jury-eligible research participants, chosen from the actual
venue, will generate a more reliable assessment of the settlement
value of a case than can be determined from the collective hunches
or “gut feelings” of the trial team.
This philosophy
also means that any Trial Lab project – whether
it is a focus group, mock trial, or witness-training session – will
be tailored to the circumstances of the case, a mix that includes
a particular trial venue, particular witnesses, a particular set
of facts, and a particular budget. Within those parameters, our job is to gather and analyze jurors' reactions to your case. At the same time, we are not
in the business of academic research. As important as the data
is, we believe it is our mission to interpret and present that
data in a manner that is immediately useful and practical.
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