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A Shadow Jury consists of a small group of local residents who attend your trial and provide keen insight on issues that matter to your trial team. What is the Arthur C. Clarke Award Shadow Jury? "The amount didn't matter, " Van Osdell said. There are a few things to know about a jury before we explore what happens next: - Most civil courts require a jury of twelve people with two alternate jurors at the ready. You can also use that tag to find other participants and engage them on social media or in blog comments. Surrogate jurors are interviewed extensively at the end of each day. "The key was that they were both on the right track.

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"Knowing that jurors do not necessarily view the jury instructions in the way that an attorney assumes they would, I was able to press home the point of beyond a reasonable doubt…. Eady took to the idea immediately. Jury Selection & Trial Services. Narrative thinking is the default mode of human cognition. Some organizations, therefore, recommend that nations buy and preserve rain forest land and educate local people about living in the rain forest without destroying it. All three were in agreement that Gray should receive $200, 000. A Shadow Jury typically includes: Many of our services can be performed just as effectively virtually as in-person. Use of a Shadow Jury. Once the jury was selected, the pool was winnowed down to the six people who best matched the demographic characteristics of the seated jury. Our clients often draw on our extensive public relations experience, including strategy and plan implementation, media training, press release development and press conference management, media kit creation, development and placement of op-eds and letters to the editor, and social media management pertinent to the case. It enables the attorneys and law firms to leverage the feedback from custom panels that match your target audience with thousands of panelists of various demographics. This article is principally based on the successful use of a jury consultant on a $200 million construction dispute arising out of the construction of a complex, multi-billion dollar industrial facility.

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Literature only flourishes when critics, fans, and readers are paying attention to it and talking about it! A shadow jury is a group of persons that observes court proceedings and communicates their impressions to the trial consultant at regular intervals (e. g. breaks, lunch time, and at the conclusion of the trial day) during the trial. "DANA S. SCHEELEPartner Hoffman Hart & Wagner Portland, OR. We have worked with Tsongas consultants for years on large and high profile cases, as well as on jury trials where the exposure and stakes were lower, but the results were still critically important for our clients. Key to her strategy, Eady said, was a questionnaire that addressed such things as witness credibility; lawyer likeability; worth of evidence; and general impressions of the two sides. Issuing Instructions and Confidentiality Warnings.

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Mock trials provide attorneys with an opportunity to test every aspect of their case, from voir dire through closing argument and jury deliberations. Also, every case is different and generally has unique issues that must be considered in both jury selection and in trial strategy. Their work is top notch in every important phase of trial consultation, including witness preparation, theme planning, attorney trial performance coaching, and jury selection. We view trial strategy and jury selection as a battle where key decisions can have outcome determinative consequences to a case's value. The company paid another $20, 000 in lawyer and other fees. Further, from the ground-breaking study of hundreds of juries by Kalvan and Zeisel (1966), we learn that by the end of the evidence, most jurors, whether in a real jury or a mock trial discussion group, have made up their minds. Conducting Mock Voir Dire. One alternative to keeping track of juror sentiment during a trial is to utilize a shadow jury. Students also viewed. And occasionally, jury feedback provides reason for settlement discussions mid-trial. Compare this with a two-party personal injury lawsuit where jurors can often affirm their own attitudes and beliefs with the identities and motives of the parties. We found mock jurors were significantly influenced by both the slant and quantity of the PTP to which they were exposed, such that those exposed to pro-prosecution or pro-defense PTP tended to render decision in support of the party favored in the PTP, and those exposed to greater quantities of PTP tended to be more biased. They did indeed turn out to be hostile. He called the insurance company and was told the adjuster had been dismissed and that a second one was being sent from the home office in Texas.

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Use of the questionnaire identifies key areas for follow up and provides insight into panelists before voir dire commences. In addition, it revealed important information about "hot-button" testimony, particularly answers that the jurors felt made witnesses less credible. We made use of all these services, and they developed some highly useful graphics for both opening and closing. In construction disputes, some of the arguments that may be critical to persuade a jury may be superfluous or even counterintuitive to a judge or arbitrator. Other sets by this creator. This is true whether the size of the case can support their heavy involvement throughout the entire case or just one or some of their services are utilized. They have a thousand other things they'd rather be doing to keep their lives on track, but they must set all that aside for days at least, and often for weeks, to serve the common good. A Magna consultant then briefs the trial team on the shadow jurors' feedback and makes strategic recommendations in preparation for the next day of trial. Even the most likeable, confident witness benefits from George and Andrea's observations regarding non-verbal communication and delivery of information. Sets found in the same folder. At the end of every court day, the shadow jurors are debriefed by the consultant to determine what the case strengths and weaknesses are, providing the attorney with an opportunity to refine his case presentation and make adjustments, where needed, on a daily basis. Exhibit preparation. Recognizing this difference at the outset, a party can better understand (a) what key information to ask and search for in discovery, and (b) what witnesses are best to communicate important facts to the jury.

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From the perspective of a layperson and a good feel for what the jury may be thinking. Using a Shadow Jury for Trial. As every trial lawyer knows, jury selection is a misnomer. Information is power.

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While many construction jury cases cannot afford the full scope of jury-consultant involvement described in this article, understanding the benefits of services available and the concepts behind them are nonetheless important for construction lawyers to consider. Get feedback for a trail from real people on diverse aspects. In general, shadow juries are made up of a carefully selected, reasonably representative group of locals. The information for a persuasive narrative will not come only from project records. Are your witnesses communicating what's intended or the opposite? This allows counsel, in coordination with their clients, to methodically assess and manage litigation risks early and as the case evolves. Does the jury know what your theory is of the case? Moreover, the exercise provided information about certain topics not understood by jurors, which warranted development during testimony at trial. Suffice it to say, many jurors are suspicious of people who occupy the "C-Suite, " even if they are very hands-on with respect to the project. Litigators across all fields are most familiar with consultants facilitating mock trials and focus groups.

Although it is encouraging to see the same outcome in two separate groups, research of this sort is not so much about the outcome as the process. You receive the benefits of this debriefing each evening, allowing you to make strategic decisions in your case. Through the use of focus groups, we can assist attorneys with determining what types of juror traits they should look to remove from the jury. JRI provides you with the tools to obtain daily feedback about how well the jury is comprehending your case and how favorably your arguments and witnesses are being received. We interview jurors during breaks, lunch, and at the end of the day to offer counsel the ability to make real-time strategic changes to the course of trial. Quality Feedback & Actionable Answers. Nix Patterson & Roach, LLP, Austin, TX.

Feedback will be synthesized, the trial team debriefed, and key findings incorporated into trial strategy. Trials for misdemeanor charges can be fewer than twelve people. We work with attorneys to develop themes that are appropriate for the case and that will have a powerful impact on a lay jury, and we assist attorneys in working to incorporate those themes effectively at every phase of the trial. Little can sink a case as quickly as a witness who talks too much or too little, who comes across as aloof or offensive, or who fails to communicate the necessary information to the jurors in a way that they can understand. "When they started out, they thought Gary deserved what he got because he didn't have flood insurance, " Eady said. The Select Litigation team has Oscar winning animators and graphic designers to create compelling demonstrative exhibits for trial. The rain forest is home to the most diverse life on Earth. Continue reading as we shed light on the truth about shadow juries. Evidence suggests that simplification of jury instructions can improve comprehension. Search: Search Westlaw. Night after night the shadow jurors heard witness after witness, through closing arguments, until the day the actual jury went into deliberations.

While it is impossible to exactly replicate the make-up of a trial jury, a group of representative shadow jurors provide daily feedback that can significantly alter the course of a trial. "But every day they moved further to his side against the insurance company.

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