October 2025 | Magna Legal Services

two female lawyers in blue business suits shaking hands at wooden desk after deciding whether it is better to go to trial or settle their case

Go To Trial or Settle? Here’s How You Can Decide

Posted on October 30, 2025

Attorneys face one tough question in many cases: is it better to go to trial or settle? You may lean toward one path because of gut instinct, budget, pressure, or time, but deciding takes a mix of strategy, data, and risk tolerance. You owe it to your client to weigh things carefully before choosing trial or settlement.

What We Mean by “Go to Trial” vs. “Settle”

Going to trial means you prepare for full litigation, including jury or bench trial, discovery, motions, preparation of exhibits, witness prep, etc. Settlement means you negotiate a resolution outside the courtroom, which means mediation, direct negotiation, or demand/counter‑demand. Each route carries costs, risks, potential rewards, and time commitments. Knowing the differences helps you answer whether it is better to go to trial or settle in each case.

Key Factors You Must Consider

Strength of Evidence and Proof

If you hold strong, credible evidence such as eyewitnesses, documents, forensic proof, going to trial might be favorable. If evidence contains holes, contradictions, or relies heavily on witness memory, settlement may seem safer.

You should ask: how confident are you that the jury will believe your version? How much will opposing counsel undermine your proof?

Financial Costs and Time

Trials cost money, including expert witnesses, trial preparation, court fees, and depositions. They take many months (sometimes more than a year) to reach a verdict. Settlement typically saves time and reduces legal fees. Compare what it will cost to prepare the case versus what you could get in settlement. If the cost of trial eats too much into your potential recovery, settling may make more sense.

Client’s Goals and Risk Tolerance

Some clients want every last cent and are okay with risk. Others prioritize closure, speed, or avoiding the stress of trial. It is important to align your strategy with what matters to the client.

Ask them: what outcome do you want most? How much risk do you accept? What timeline works for you?

Venue, Jury Pool, and Public Sentiment

Different venues have different reputations. Some jurisdictions favor plaintiffs while others favor defendants. Local jury pools have attitudes shaped by media, culture, and recent local events. It is critical to factor in how the jury in your venue might react. Use jury research or local verdict history when deciding if it is better to go to trial or settle.

Exposure vs. Reward

Trial brings a chance of a larger verdict (if you win big), but also a chance of total loss or minimal recovery. A settlement gives the certainty that you know what you will get or what you will pay.

Think about safety nets: what’s the worst case at trial? What’s the best case at settlement? If the downside at trial could devastate the client, settlement looks better.

Decision Process: Step‑by‑Step Guide

1. Do a Risk/Reward Analysis

List possible outcomes: best case, reasonable case, worst case. Estimate probability for each. Estimate costs of trial. Compare that with what you might get by settlement now.

2. Get Independent Jury Feedback

Get mock jurors or conduct a focus group. Test key arguments or evidence. Ask: will jurors believe your witnesses? Which damages seem credible? What weaknesses do they raise?

3. Evaluate Non‑Monetary Costs

Time, emotional toll on client, stress, media exposure. Sometimes non‑financial costs tip the decision toward settlement even when trial could pay more.

4. Reassess as You Go

New information may emerge: discovery might expose damaging material, or expert reports may weaken your case. Be willing to change direction.

5. Negotiate Smart Settlement Offers

Use leverage: strong evidence, superior venue, client credibility. Push for offers that reflect trial risk. Avoid settling too low just to avoid going to court.

When Trial Really Makes Sense

Evidence is overwhelmingly strong and nearly unassailable.
Jury history shows favorable verdicts for cases like yours.
Client accepts risk and cost, wants maximum possible outcome.
Settlement offers fall far short of reasonable compensation.

When Settlement Might Serve You Better

Evidence has gaps, or liability isn’t clearly established.
Client needs closure quickly or wants to avoid public exposure.
Financial cost of going to trial outweighs possible recovery.
Opposing party offers a fair deal that limits downside risk.

How Magna Legal Services Helps You Decide

Magna’s JuryEvaluator service gives you real, venue‑specific, data‑driven feedback. It uses your actual case materials, recruits mock jurors from your venue, shows them case summaries, and asks jurors for their views on liability, damages, and verdicts. JuryEvaluator also provides a statistically significant range of damages if you took the case to a trial jury.

This gives you more than guesswork when asking if it is better to go to trial or settle. You see what risk you carry, what amount jurors might award, and how the jury pool reacts. That information guides your decision sharply.

Make Your Move with Confidence

Reach out to Magna Legal Services to use JuryEvaluator on your next case. Use real juror data from your venue so you can confidently answer the question “is it better to go to trial or settle” with clarity. Book a free case consultation today and see your case through your true jury pool’s eyes.

CLE – Empowering Clients to Speak Their Truth: Elevating Witness Performance in Depositions

Posted on October 29, 2025

This CLE was aired live on Tuesday, October 28th, 2025.

NOTE: Watching this recording does NOT make you eligible for CLE accreditation. Be sure to sign up to attend the next Magna Virtual CLE live to get credit!

Witnesses often say they just want to “get their story out.” But depositions are rarely friendly forums. Opposing counsel isn’t interested in the client’s truth — and it can be a struggle to get your client to perform well in an environment they are likely unfamiliar with.

This presentation explores how to prepare clients to deliver confident, competent, and compassionate testimony. You’ll learn how to uncover and address emotional barriers like fear, anxiety, and anger that hinder effective communication.

Using the Socratic Method, we’ll demonstrate how strategic questioning reveals your client’s strengths and weaknesses—whether they ramble, deflect, or answer defensively. You’ll gain practical strategies to teach clients how to manage their emotions and become effective advocates for their story.

We’ll also cover:

How to train clients to listen actively and respond thoughtfully
Techniques to recognize flawed questions and respond with clarity
Methods for taking control of the deposition narrative
Techniques on how to re-frame negatives into positives

By the end, you’ll have actionable tools to empower your clients to be their own best advocates and deliver their truth with impact.

PRESENTERS INCLUDE:

Mark Basurto, Esq., National Managing Director of Jury Consulting, Magna Legal Services
Susan Metcalfe, Partner, Potomac Law Group, PLLC
Scott Nunnery, Expert – Architect, Premises Liability & Safety, MC Consultants Inc.

MODERATED BY:

Ross Suter, Esq., Senior Vice President, Litigation Solutions, Magna Legal Services

couple sitting at a desk with backs towards camera discussing mediation strategies with lawyer

How To Strengthen Your Mediation Strategies

Posted on October 20, 2025

Mediation demands more than good arguments and legal knowledge. Attorneys must sharpen their mediation strategies to persuade clients, opponents, and neutrals. Using tools like mock juror feedback and damage evaluation helps attorneys reduce risk, set realistic goals, and improve negotiation outcomes. Here are some ways these tools can enhance your mediation strategies in concrete ways.

Understanding Risk with Mock Jurors

Mock jurors give attorneys a way to test arguments before mediation and trial. Engaging people who resemble your real jurors ensures you hear reactions that matter.

Designing Mock Juror Sessions

You might decide to build a small focus group using participants who resemble your expected jury pool. By presenting your opening arguments, key witness clips, and evidence, you can see where jurors connect and where they don’t. Ask them to explain what influenced their thinking, how they assess credibility, and what damages seem reasonable based on the facts presented. Their feedback exposes weak spots and reveals what themes resonate most.

Interpreting Feedback to Shape Strategy

Once you gather feedback, look for patterns. If multiple jurors express doubt about your expert’s clarity or find a key piece of evidence confusing, consider how you’ll adjust your presentation. On the other hand, if several jurors strongly support your theory of liability, that insight gives you confidence to hold firm on certain positions. Going into mediation with this kind of real-world reaction helps you shape proposals that reflect how a jury might actually respond.

Using Damage Evaluation Tools to Support Negotiation Decisions

Damage evaluation tools let you estimate likely outcomes with more precision. They help you assign values to different aspects of the claim and attach probabilities to those outcomes.

Quantifying Economic Damages

Before mediation, you might run a detailed damage model based on expert reports, medical costs, lost earnings, and future expenses. Tools like Jury Evaluator help you calculate different scenarios, including best-case and worst-case outcomes. Showing your client those projections can help avoid the sticker shock or disappointment that often derails productive negotiations.

Assessing Non‑Economic Damages

You could also analyze non-economic damages by comparing past verdicts in similar jurisdictions or using mock juror input. Pain and suffering, emotional distress, and loss of enjoyment aren’t easily calculated, but using prior awards and structured multipliers provides a baseline. If your jurisdiction has caps on certain damages, that should factor into the numbers you present. When both economic and non-economic damages are supported by data, your mediation strategy gains credibility with both the mediator and opposing counsel.

Shaping Expectations with Strategy and Data

Before mediation, consider sitting down with your client to review the mock juror results and damage evaluations. Walk them through what the jurors responded to, where the case seemed to fall flat, and how the numbers shift depending on different trial outcomes. This helps your client understand the actual risk and value of the case, which can ease emotional reactions and lead to more realistic expectations.

You might choose to strategically and carefully share select findings with opposing counsel if you believe it could move the discussion in a productive direction. If the mock jurors showed strong consensus on liability or if your damage estimates are well-supported, that kind of information can give the other side a reason to rethink their position.

Go into the mediation with a clear plan: an opening offer, a midpoint target, and a firm walk-away number. Use the data from your mock jurors and evaluation tools to back up those points. Having that structure in place makes it easier to stay focused and negotiate with confidence, without overreaching or folding too early.

Building Trust Through Transparency

Strong mediation strategies often rely on transparency. You don’t need to reveal every detail, but when you show that your positions are grounded in evidence, you gain credibility. Both your client and your opponent are more likely to respect a strategy that reflects preparation and realism. Consider summarizing mock juror feedback for the mediator or sharing key takeaways from your damage model to help frame the discussion. When you show that your offer aligns with how jurors responded or how similar cases have resolved, it signals that you’re not guessing, but rather you’re negotiating based on actual data.

Use Jury Evaluator to Sharpen Your Strategy

Magna Legal’s JuryEvaluator helps attorneys combine mock juror feedback with detailed damage analysis, all in one place. It gives you clear answers on how jurors perceive your case, what damages seem fair, and what arguments land strongest. Whether you’re preparing for settlement or trial, Jury Evaluator can help you understand risk, present smarter offers, and guide clients with more confidence.

Ready to Mediate Smarter? Let’s Talk

If you want better outcomes at the mediation table, start with better data. Reach out to Magna LS to see how we can help you prepare for mediation with the right tools and the right strategy.

Magna Discovery Services Training

Posted on October 9, 2025

This educational session previously aired on Wednesday, October 8th, 2025.

The session focused on the following:

Magna Language Services – On demand interpreting billed by the minute, traditional interpreters, document translation and sign language
Magna Online Office – A complete demonstration of our searchable online transcript, exhibit and video repository featuring easy scheduling tools and access to instant invoices
Exhibit Management – A look at handling exhibit presentation yourself and third-party solutions for complex and voluminous exhibits

PRESENTERS INCLUDE:

Leonardo Duran, General Manager of Language Services, Magna Legal Services
Noelle Nociti, Vice President of National Accounts, Magna Legal Services
Joan Jackson, Vice President of Strategic Accounts, Magna Legal Services

HOSTED BY:

Peter Hecht, Founding Partner & Executive Vice President of Sales and Marketing, Magna Legal Services

group of lawyers sitting around a conference room table discussing litigation support services for their client

How Litigation Support Services Save Time and Win Cases

Posted on October 9, 2025

Litigation moves fast, and good attorneys stay focused on building arguments and presenting strong stories. But behind the scenes, the right support team can make or break your timeline, evidence, and credibility. So, what is litigation support and how can it help you as an attorney?

What Is Litigation Support?

Litigation support covers a wide range of services, from record retrieval and court reporting to eDiscovery, legal translations, jury research, and trial graphics. Instead of managing each vendor separately, you could streamline those tasks through a single partner. That way, you keep your team focused on legal arguments while your support team handles logistics, tracking, and delivery.

Staying Ahead of Deadlines with Speed and Structure

Time creates pressure, especially in negotiations or just before trial. With a dedicated support team in place, records, transcripts, and digital files show up when you need them. If you’re working against discovery cutoffs or deposition dates, having one team that knows your timeline and delivers consistently can give you a real edge.

Building a Clean, Consistent Story

Cases are won on clarity. Well-organized exhibits, accurate medical summaries, and synced video testimony all support the story you’re trying to tell. If you bring in litigation support specialists, they can flag inconsistencies, create clear timelines, and ensure every document is labeled, searchable, and trial-ready. That kind of precision helps judges, jurors, and adjusters follow your case without distraction.

Managing Budgets with Fewer Surprises

In-house counsel and carriers care about the bottom line. Centralizing litigation support helps eliminate duplicate charges, avoid rush fees, and provide predictable billing. If your clients see you’re managing the case efficiently with transparency around spend, they’re more likely to stay confident in your process.

Streamline Discovery Work

Instead of chasing medical records or sending repetitive follow-ups to providers, your support team could take over those tasks entirely. They handle subpoenas, track authorizations, and follow up until the file is delivered. You get a clean, complete set of records that are searchable and summarized, so you can start building your case theme early.

Medical Records and Chronologies

In complex injury matters, you might be staring down hundreds of pages of charts, billing statements, and imaging reports. A trained reviewer can turn that into a concise summary, flagging causation issues or treatment gaps. You’ll walk into depositions with the facts sorted and know exactly where to push.

eDiscovery and Early Case Assessment

With modern data collections, it’s easy to get buried in email threads, cloud drives, and chat logs. eDiscovery analysts help you set a collection plan, apply filters that hold up in court, and identify hot docs early. That way, your settlement strategy is based on facts, not assumptions.

Subpoenas and Production Monitoring

Missed deadlines on production can derail your schedule. A coordinated support team can draft, serve, and track subpoenas for records or testimony. You’ll see response statuses in real time through a shared dashboard, and you’ll get reminders before deadlines hit.

Stronger Testimony Through Smarter Support

Live proceedings move fast, and you don’t always get a second chance to clarify the record. With realtime reporting, synced video, and well-managed exhibits, your arguments land cleanly. If your team has ever wondered whether litigation support actually matters during a hearing or trial, this is where it shows.

Court Reporting and Realtime Tools

Certified court reporters provide transcripts you can rely on, often streamed live to your device. With realtime feeds, you can highlight key lines, send notes to co-counsel, and tag testimony for follow-up, all without pausing the proceeding.

Videography and Exhibit Management

Video makes testimony stick. A professional team ensures clean audio, proper framing, and timely exhibit callouts. You stay focused on questioning while the tech team makes sure the judge and jury see what you want them to see.

Trial Prep Backed by Data and Design

Trial strategy sharpens when it’s tested. Litigation support teams can organize mock trials, run juror feedback panels, and prepare visual aids that break down complex information. That gives you the chance to adjust your argument and enter the courtroom with a message that sticks.

Keeping the Entire Case Moving

Deadlines, scheduling conflicts, and logistical hiccups can cause unnecessary delays. A litigation support coordinator keeps everything aligned: deposition dates, exhibit deadlines, interpreter bookings, and document delivery. Instead of chasing updates, you get proactive check-ins.

Smarter Scheduling

Coordinators handle all the moving parts, from confirming time zones for virtual depositions to managing exhibit needs for in-person events. Your team stays focused on prep, not logistics.

Secure, Professional Tech Support

With encrypted portals, limited-access folders, and two-factor authentication, your support team protects confidential case materials. Your clients trust you with their data. You can trust your support team to keep it secure.

Your Nationwide Partner for Litigation Support

If your team is still wondering where litigation support fits into the process, the answer is simple. It keeps your case moving, strengthens your position, and clears the clutter so you can focus on lawyering. Magna LS offers nationwide support for court reporting, record retrieval, eDiscovery, jury research, trial graphics, and more. If you’re ready to spend less time managing tasks and more time preparing your case, let’s talk. We’ll help you set up the right support so your next matter runs smoother, faster, and smarter.

What Do Lawyers Look for During Jury Selection?

Posted on October 1, 2025

Picking a jury shapes the entire trial. Attorneys study each person in the box and build a panel that will listen, think, and follow the law. The question of “what do lawyers look for in jury selection” sits at the center of that work. Strong jurors bring open minds and clear thinking. Problem jurors bring rigid views, hidden agendas, or pressure from life outside the courtroom.

How Lawyers Read the Room

Great trial lawyers read energy the moment the panel walks in. They watch who leans forward, who folds arms, and who looks at the floor. Small choices reveal comfort, confidence, and interest. The best jurors stay engaged, make eye contact, and answer with a steady voice.

Body Language and Demeanor

Attorneys watch posture, hand movement, and facial reactions. A juror who nods along and tracks the speaker usually pays attention. A juror who slumps, crosses arms tight, or frowns at basic rules may resist the process. Lawyers note all of this in real time and compare reactions across questions.

Tone and Word Choice

How people talk tells a story. Short, sharp answers can signal frustration or fear. Thoughtful, plain answers with level tone suggest patience and care. Lawyers mark down catchphrases or extreme language that hint at fixed beliefs.

Background Clues That Matter

Lawyers study life experience because it shapes how people weigh proof. Work roles, education, and family duties all affect how someone views risk and responsibility. The question what do lawyers look for in jury selection often starts with these basics. The goal stays simple: find jurors who can judge facts without letting personal history steer the verdict.

Work and Life Experience

Certain jobs train people to look for rules, patterns, or motives. Engineers prize clear logic and numbers. Teachers focus on behavior and credibility. Nurses and caregivers notice pain and effort. No job disqualifies someone by itself, but each job hints at how that person sorts evidence and decides what feels fair.

Prior Exposure to Lawsuits

Attorneys ask about earlier jury service, claims, or lawsuits. A juror who felt mistreated by a company may lean toward plaintiffs. A juror who faced a claim may guard against damages. Lawyers do not chase perfect agreement. They aim for jurors who can set aside prior experiences and follow the court’s instructions.

Media Habits and Information Sources

Where people get news shapes trust. Heavy use of niche sources can create strong views on corporate conduct, police work, medicine, or damages. Balanced media diets often pair with flexible thinking. Lawyers ask follow-ups to see whether a juror can weigh trial evidence over headlines or opinion shows.

Beliefs and Biases That Shape Decisions

Everyone carries beliefs about business, government, safety, and blame. Skilled attorneys surface those beliefs in a respectful way. Direct questions help jurors share honest views without shame. The answers guide strikes and guide the story that counsel plans to tell at trial.

Views on Corporations and Damages

Some jurors believe large companies cut corners and hide the truth. Others believe lawsuits target honest businesses. Lawyers ask where jurors draw the line on safety rules, warnings, and money awards. If a juror rejects damages in any case, that juror will struggle to apply the law. If a juror sees damages as a tool for change, that juror may accept higher numbers with less proof.

Views on Crime and Authority

In criminal trials, lawyers explore trust in police, lab testing, and eyewitnesses. In civil trials with government actors, similar questions arise. Jurors who place blind trust in authority may overlook gaps in proof. Jurors who distrust all authority may overcorrect and discount solid evidence. Attorneys seek people who can test both sides with the same yardstick.

How Lawyers Use Questions To Test Stories

Good voir dire does more than collect facts. It tests the story that each side plans to tell. Attorneys ask about burdens of proof, timelines, expert testimony, and damages ranges. They listen for words that reveal open minds. The phrase what do lawyers look for in jury selection fits here again: they look for fairness, patience, and the ability to change a view after hearing more.

Open Ended Questions and Follow-ups

Short yes or no answers hide the real view. Open prompts invite jurors to share values and logic. When a juror stops at a surface answer, the attorney asks a polite follow up to explore why that view formed. This back and forth builds trust and uncovers roadblocks before the first witness takes the stand.

Hypotheticals and Scales

Attorneys often use short scenarios or rating scales to map comfort levels. A lawyer may ask jurors to rate how strongly they agree with a rule on a scale from one to ten. The number matters, but the explanation matters more. Jurors who explain their rating with balance and detail tend to weigh proof with care at trial.

Tools and Data That Make Picks Smarter

Top trial teams do not rely on gut alone. They blend courtroom skill with research and testing. They study likely juror profiles in the venue and compare them to case themes. This mix of art and data gives counsel sharper choices during strikes and stronger plans for opening and closing.

Bringing It Together On Jury Selection Day

So what do lawyers look for in jury selection when the court calls the panel? They look for honest voices, steady temperaments, and jurors who can follow the law even when the case hits a nerve. They listen to stories, compare answers across the room, and build a panel that matches the proof they will present. They use tools that turn hunches into a plan.

How Magna LS and JuryEvaluator help

Magna LS supports trial teams with research that turns questions into clear answers. JuryEvaluator tests case themes with real people and reports how those people react to facts, fault, and damages. You see which facts move the needle, which juror profiles show risk, and what number ranges trigger support or pushback. With those findings in hand, you walk into voir dire ready to focus on the right traits, the right follow ups, and the right strikes.

Reach out today and ask for a JuryEvaluator demo. We are ready to help you shape better questions, read the room with confidence, and seat a jury that will judge the case on the evidence.

Month: October 2025