Click the images to check out my recent appearances on the "Unstructured Podcast with Eric Hunley.
To testify successfully, witnesses need to learn how to handle the psychological rigors of being a witness and how to communicate in a way that works in the adversarial setting.
Early in discovery, conducting a focus group allow parties to learn what's important to people in the venue and what unexpected themes and theories emerge, which helps refine the discovery plan.
Mock trials are adversarial trial simulations that present the strongest plaintiff and defense positions to a group of mock jurors in the venue who deliberate to a verdict.
Attitudes, beliefs, and experiences shape how potential jurors view the world. How will these variables affect the way jurors might see your case? Make sure you ask the right questions to find out.
Does the jury understand your themes and theories? If so, what do they think of them? What do the jurors think about your witnesses? You can't ask the real jury these questions, but you can ask a shadow jury.
How did the jury arrive at their verdict? Were the witnesses believable and likable? What went right? What went wrong? The only way to know the answers to these questions is to interview the jury.