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The Use of Defense Damage Anchoring to Combat Nuclear Verdicts

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The Use of Defense Damage Anchoring to Combat Nuclear Verdicts

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

The fear of the nuclear verdict is real, and as some commentators have noted, it leads to overpaying or nuclear settlements.

The topic of nuclear verdicts (and the more recently coined “thermonuclear verdict”) has dominated the defense bar’s conversation for years now. It’s defined here as a verdict that has an exceptionally high damages award, exceeding what is a reasonable or rational monetary amount for that particular case. The fear of the nuclear verdict is real, and as some commentators have noted, it leads to overpaying or nuclear settlements.

The Philadelphia Court of Common Pleas recently released a study showing an uptick in plaintiff verdicts as well as million-dollar verdicts since the pandemic. Our research shows jurors all too often believe their role is to be a guardian of the community and send a message to bad corporate actors. Thus, the idea of verdicts that exceed traditional damages analysis is not surprising. So, what is a defense counsel to do?

Damages Anchoring Strategy

Consultants are recommending that in order to level the playing field, the defense bar needs to address damages more directly with jurors. Commonly referred to as damage anchoring, this strategy has been shown to not only lower damage verdicts but also simultaneously challenge the plaintiff’s claims. Historically, the defense bar has been wary of providing a counter-damages figure, believing that doing so would confuse jurors on liability issues and provide a minimum floor for a jury award. Research shows that, when done properly, the use of a defense damage anchor is an effective and sensible tool to combat nuclear verdicts. However, like any trial strategy, there are pros and cons to consider. Here are some of the advantages and disadvantages of defense damage anchoring at trial.

In keeping with the traditional defense approach to damages, attorneys decide whether to aggressively work up a damages defense or anchor based upon the likelihood of a plaintiff’s verdict. However, the plaintiffs bar has been honing anchoring techniques for years. By discussing large sums that they will seek during voir dire or referencing huge corporate profits or market share, they are essentially providing a high anchor. It seems at times that in today’s courtroom, the plaintiff really cannot ask for too much. While jurors will often scoff at the requests and deem the figures as excessive, overblown, or even ridiculous, the fact is that when the plaintiff suggests a higher number, we typically see a higher award. The plaintiff may lose some credibility by putting such large figures before a jury, but at the end of the day, the figures are often still considered (and worse, outright accepted) without a counter-figure from the defense. Left unchecked, these numbers can easily resonate with jurors and often leave them feeling that the choice is the plaintiff’s damages number or zero. The defense bar needs to address these high anchors and prime the jurors for the fact that if there is a finding of no negligence, then no damages is also an appropriate verdict. Don’t let the plaintiff control the damages aspects of a case from the start.

Don’t wait until the last minute. When it comes to damages, plaintiffs begin working up those aspects of the case early on in the litigation lifecycle and will either reference or present a high damage anchor. While cases evolve during discovery, the defense should be more assertive and proactive—and less reactionary—during discovery. Further, fully working up a damages defense allows for the defense to be more aggressive during discovery, mediation, and settlement position. Consider your damage theories and defenses early, not just as trial approaches.

Rising Concerns & Strategies

Philadelphia Court Study

Showing an increase in plaintiff verdicts and million-dollar verdicts.

Juror Perception

Jurors often aim to send a message to bad corporate actors.

Addressing Damages

Consultants recommend a direct approach to damages with jurors.

Pros & Cons of Defense Damage Anchoring

Advantages

Challenges plaintiff’s claims, reduces liability exposure, shifts focus

Disadvantages

Requires careful consideration of credibility, may impact defense’s image

Arriving at a counter-damage anchor cannot just be randomly determined based upon one’s gut feelings, though. The counter-anchor needs to be seen as credible and reasonable by jurors. When it’s done incorrectly, jurors can get angered at perceived “low-ball offers.” Figures need to be meaningful to jurors. Likewise, counter-anchors must take into account the legitimacy and seriousness of plaintiff’s injuries. Aggressively challenging damages without proper evidence can cause jurors to view the defense unfavorably. It is crucial to support the damage anchor tactically but also, when necessary, with sensitivity. The perception that the defense is attempting to undermine legitimate claims or downplay the seriousness of harm can negatively impact the defense’s credibility and overall case.

Challenging damages with a defense damage anchor can not only bring into question the validity of the damages claimed by the plaintiff but also shift some focus. Defense damage anchoring can redirect the jury’s attention away from the plaintiffs’ large claims of damages and toward causation, contributory negligence, and liability issues. Defense damage anchoring can also leverage themes of reasonableness and proportionality by allowing defense attorneys to argue that the damages sought are extreme, unreasonable, or disproportionate to the alleged harms suffered.

As noted earlier, the use of damages discovery to support a damage anchoring strategy can also potentially reduce liability exposure. Effectively challenging aspects of the plaintiff’s damages can also lead to the reduction of the defendant’s potential liability. Lower settlements or decreases in damages can result. Moreover, employing defense damage anchoring can lend itself to arguments that the plaintiff did not take reasonable steps to mitigate their own injuries or reduce their losses, which can also lead to reduced jury awards.

It’s important to note that the effectiveness of defense damage anchoring at trial will depend on the specific facts of the case, the strength of the evidence, the skill of the defense attorney, and the persuasiveness of their arguments. Each case is unique, and the strategy employed should be carefully tailored to the circumstances and goals of the defense.

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Our experienced jury consultants use a multi-phase jury research methodology to ensure the statistical reliability and robustness of our findings

Request a complimentary case consultation with Magna to see how we can assist you in providing the best possible representation for your clients.

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Kyle Rittenhouse Trial: Jury expert, Rachel York Colangelo, gives insight into juror pressures

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The trial of Kyle Rittenhouse is nearing its final stage as closing arguments begin before the jury. The trial is splitting America between those who believe he is a cold-blooded vigilante, and those who see a brave young man defending life and property.

Inside Edition spoke with jury expert Dr. Rachel York Colangelo, who said that Rittenhouse’s body language could influence how the jury feels about his guilt. He yawned no less than five times during the prosecution’s closing arguments:

Jury Consulting Frequently Asked Questions

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Jury Consulting & Research FAQs

How do I know my mock jury pool is going to be representative of my actual jury pool?

Magna bases all recruiting demographic quotas on the most up-to-date census information.  We make every effort to ensure that the jurors we recruit are representative of the trial venue overall.  We also take the length and type of case into consideration to help ensure our mock jurors’ demographics align with the likely jury pool.

How do you protect the confidentiality of my case?

Across all research designs, mock jurors are never exposed to any case information without first having signed & acknowledged confidentiality and non-disclosure agreements.  All participants are also screened for any knowledge they may have of the case or parties/individuals involved.  If additional levels of confidentiality are needed, we can change identifying information of those involved.

How much time on my end is needed for jury research?

It depends on the type of research you’re interested in.  We have options that will require as little as a couple hours of your time and others that are more involved and are excellent preparation for trial.  Discuss with us about the various research options as well as how hands-on you would like to be, or any time constraints you have!

Why can’t focus groups reliably predict damage amounts?

Because of the small sample size, damages’ estimates gained from focus groups are not predictive of what will happen at trial. However, focus groups can still gather valuable information about juror attitudes or certain issues that may increase a jury’s desire to award damages.

Why is it important to have a rigorous research design for your jury research project? 

When conducted properly, jury research provides the foundation for case strategy, issue development, and the formation of the juror profiles that will guide jury selection. The integrity of the jury research design, including the representativeness of the mock jurors, determines the reliability and validity of the research’s conclusions. Using quality research design, we can confidently distill the research findings into reliable, clear, and concise recommendations for the client.

Which jury research method is right for my case?

A consultant can help determine which jury research method (or combination) is right for your case. Types of jury research include:


Here are the comparisons and differences between JuryEvaluator, JuryConfirm and traditional focus groups:

JuryEvaluator®

  • Online survey tool focused on damages assessment. Magna drafts Case Summary script for team approval
  • Typically 100 jurors respond to description of case over 3-week data collection phase
  • Monte Carlo simulation of multiple jury verdicts
  • Baseline determination of exposure/risk
  • Report provides verdict range and mean, liability and damage preferences, damages analysis and key takeaways

JuryConfirm®

  • Online mock trial designed to test themes and arguments, liability and damages
  • Attorney case presentations via webcam, using evidence slides and video excerpts
  • Typically 1 to 4 panels of mock jurors recruited from venue for half-day exercise
  • Real-time deliberation discussions and case verdicts from recruited jurors
  • Executive Summary Reports provides key findings, thematic points and recommendations

Focus Group

  • Traditional in-person jury research conducted in-venue
  • Full attorney presentations
  • Typically 2 to 4 panels of mock jurors recruited from venue for full research day
  • Full in-person deliberation to verdict and moderated questions viewed via one-way mirror or CCTV
  • Comprehensive Report of findings and strategic recommendations

Does Magna have any statistics/data that measures the success of using jury focus groups or mock trials? 

The majority of cases Magna consults on end up settling after the jury research, but of course, some do proceed to trial. In terms of measuring the consistency between mock trial results versus ultimate jury verdicts, we do not have clear statistics because they are not comparing apples to apples.

For example, if the results of a mock trial are not in our client’s favor, the team can re-strategize to address the mock jurors’ concerns in hopes that the case is perceived more favorably by the actual trial jury. This creates an inconsistent result, but in the way we’d hope.

There are also so many unpredictable elements to a trial (witness performance, judge’s rulings, opposing counsel’s style, the particular jurors seated) that we cannot control for or represent in a mock trial, and those elements can have a significant impact on the way the trial jury views a case compared to the manner in which a mock jury perceived it. So again, inconsistencies between mock jury verdicts and trial verdicts can often be chalked up to the volatile nature of trials in general.

For those reasons, the results of a mock trial are not meant to be a crystal ball or 100% predictive of what will happen at trial. Rather, the feedback gleaned from jurors at a mock trial is meant to inform you as to how jurors approach the case – what issues they find important/focus on, what themes and storyline they latch onto and what strengths/weaknesses they identify in each party’s case. This information allows the client to address those case weaknesses and play up the strengths.

All that being said, more often than not, the trial jury verdicts in cases on which we have consulted are consistent with our mock jury verdicts. We have also found that the feedback from mock jurors is almost always consistent with feedback from the actual trial jury through post-trial juror interviews, as well as with shadow jurors, who are mock jurors that observe the trial proceedings and are interviewed at the end of each day. Our shadow jurors typically focus on the same issues that our pre-trial mock jurors focused on during a mock trial, which gives us confidence that jurors’ reactions at a mock are going to be pretty consistent with the reactions of jurors who actually observe the trial, even factoring in some margin for error/differences due to the unpredictability of the trial proceedings.

I wasn’t going to share my presentation with my colleague because I don’t want them to see what I am presenting ahead of time, is this ok?

We prefer you do share because this is jury research, not trial.  Sharing the presentations ensures that each of the plaintiff’s claims are answered by the defense, which enables us to test the strength of each side’s evidence.  Jury research is less about winning and losing and more about learning which points are most salient to jurors so the trial team can make any necessary course corrections before trial.

Why is the recruitment process of mock jurors a crucial component to jury research?

Confidence in the sampling process brings confidence in the findings and recommendations that emerge from the research. 

The cost of locating, screening, and providing a per diem for research participants varies widely across projects. Magna takes pride in our scientifically reliable recruiting processes, compared to many other consultants who cut costs by using Craigslist, newspaper ads, or local temp agencies to locate research participants. Others also rely on “professional” mock jurors who routinely participate in research projects to supplement their income or even use other attorneys in their office. These cheaper alternatives result in research participants who may give the appearance of being a representative sample, but who are not a match with the experiences, attitudes, and demographic characteristics of jurors in the venire. The money you save on the research project may end up costing the client in the end.

Matching the necessary demographic, political, social, and economic characteristics of the community where the trial will be held with the mock jurors is essential. Magna consultants begin every engagement with an analysis of the venue that later informs our recruiting strategy. To recruit a representative sample, a consultant must know the attributes of likely trial jurors and develop procedures for recruiting mock jurors who possess those characteristics. The reliability and validity of juror profiles that are a product of the research is dependent on the quality of the research sample.

Be confident in knowing how a jury is likely to approach your case — speak with one of Magna’s expert jury consultants.

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Juries Return to Courts As The Pandemic Drags On. Who is Serving—And How Are They Voting?

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Magna Legal Services’ Dr. Daniel Wolfe spoke with The Recorder for their analysis titled “Juries Return to Courts As The Pandemic Drags On. Who is Serving—And How Are They Voting?” which published on October 4, 2021. You can access the full article on Law.com.

Juries Return to Courts As The Pandemic Drags On. Who is Serving—And How Are They Voting?

In many parts of the country, courts are getting jury trials back into full swing. Still, even at this stage of the pandemic, the effects of COVID-19 on trials go further than socially distanced jury boxes and judges behind sneeze guards.

Jury consultants and litigators across the country say the coronavirus is continuing to shape who makes it onto juries and how they are voting.

Daniel Wolfe, J.D., Ph.D., Senior Director of Jury Consulting, Magna Legal Services

Daniel Wolfe, J.D., Ph.D.
Senior Director of Jury Consulting
Magna Legal Services

Are Jurors Too Scared to Serve?

Despite the delta variant causing a surge of cases among both unvaccinated and vaccinated individuals, some jury consultants say the majority of potential jurors appear comfortable serving.

Daniel Wolfe, senior director of jury consulting for Magna Legal Services, suspects some people just want to get back to a sense of normalcy, and jury duty feels like one way to do that.

He said jurors seem to find peace and comfort from the fact that “people weren’t still walking around on broken glass and pins and needles around the pandemic, that they were just like, ‘Let’s go, folks, we’re ready to get back to doing things. We’ve got business to do.’”

“Some people just want to get back to a sense of normalcy, and jury duty feels like one way to do that.“

Who Is Serving on Juries?

Magna’s Daniel Wolfe said certain populations of people are more reluctant to come in for jury duty. “Those who identify as Democrat are more reluctant, and you can see this because the narrative around the pandemic has become so politicized.”

He has also found that millennials, those under the age of 35, are also less likely to appear for jury duty. People who consider themselves more at risk for COVID-19 don’t show up or raise hardships and get excused, he said. In one case, Wolfe said, they sent out 300 juror questionnaires and only got back 45.

In a case in Fort Lauderdale, Florida, Wolfe said four out of the 70 prospective jurors were teachers, and every one of them also expressed that their schools were short-staffed and their bosses told them they needed to be in class.

“Those who identify as Democrat are more reluctant, and you can see this because the narrative around the pandemic has become so politicized.”

In that case, the judge said, “the school districts are big, they can find people, it’s not a hardship,” he said. Ultimately, he only excluded 10 out of 70 jurors for hardship. He saw a judge respond to the same arguments in a different case by saying, “My wife’s a teacher, so I get it,” and excused them.

Wolfe has seen essential workers, especially health care workers, raise similar hardships. “I’ve seen a couple of times where you could just see the horrible angst on these people’s faces,” he said. “They’re so overwrought and exhausted, and the judge was just like, ‘You don’t need to be here. You’ve got better things to do.’ So it was really more sympathy than it was hardship. It was purely just a compassionate decision by the judges.”

“I’ve seen a couple of times where you could just see the horrible angst on these people’s faces. They’re so overwrought and exhausted, and the judge was just like, ‘You don’t need to be here. You’ve got better things to do.’ So it was really more sympathy than it was hardship. It was purely just a compassionate decision by the judges.”

Besides professional caretakers, people who tell judges that they are caring for someone who is sick with COVID-19 or still recovering almost always get excused, he said.

How Are Juror Demographics Affecting Verdicts?

Wolfe said the older, more conservative juries result in more defense verdicts in certain types of cases. Wolfe believes the national narrative of personal responsibility that has only heightened during the pandemic has also contributed to less plaintiff-friendly juries.

“We’ve seen juries be much more harsh and critical of plaintiffs than they were pre-pandemic, particularly where there’s a contributory negligence claim, because they’re just holding these individuals to a higher standard, more responsibility,”

The other factor driving defense verdicts, he said, is because most of the cases that have been tried have been three days or less. Once larger, more catastrophic injury cases go to trial, he expects to see a reversal of that trend. “Whether it goes back to normal—whatever that is—I don’t know. But we’re going to see the pendulum swing back a bit because of that,” he said.

Magna Legal Services Selected as “Best of 2021” in 67 Categories by ALM Publications Readers

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Magna Legal Services Voted as “Best of 2021” in 67 Categories

The readers of the ALM publication National Law Journal, The New York Law Journal, The Legal Intelligencer, Texas Lawyer and The Recorder, have recently announced the winners of the magazine’s 2021 “Best Of” Awards, and Magna Legal Services set a precedent, winning multiple categories across each publication.

Magna Legal Services Voted Best of 2021 by ALM Publications. National Law Journal. New York Law Journal. The Legal Intelligencer. Texas Lawyer. The RecorderThe “Best Of” readers ranking awards recognize the top legal products and service providers. Lawyers and firm administrators vote each year to select winners. In 2021 alone, Magna LS won an astounding 67 categories in five magazines, including Demonstrative Evidence Provider, Remote Trial Services, Jury Consultants, Court Reporters/Depositions and Language Services. Many of the winning services are used by law firms, insurance professionals and in-house counsel at Fortune 100 companies.

“Magna Legal Services’ historical wins this year speaks to the onslaught of great services like JuryConfirm, JuryEvaluator, ClaimScout and Magna LitigationVision as well as our extraordinarily talented staff,” said Peter Hecht, Founder and Executive Vice President of Magna Legal Services.

“This robust recognition reflects the strength and diversity of the Magna LS product lineup,” said Keri Yaeger, Vice President of Excess/Umbrella Underwriting, AmeriTrust Group. “The ability to bundle services from Discovery to Trial benefits us not only from a cost perspective, but also gives us a go-to partner that we trust to provide quality work across many different facets of our claims.”

To determine award winners, readers of the various ALM publications take the time to log into an online survey and select from a wide variety of industry leading litigation support companies. Winners are selected once voting is closed and announced shortly thereafter by the respective magazine in a special issue.

“It is always so gratifying to see our clients take the time to vote for us,” said Jessica Gimbel Carnes, Senior Vice President of Sales, Magna Legal Services. “Casting their votes, while not a burden, does take some time and effort so that says a lot about the reader recognition too.”
The “Best Of” category for Jury Consultant was won by Magna LS in five separate publications. Magna Legal Services’ jury consultants are engaged for jury selection, witness communication training, focus groups, mock trials and damages assessment.

“Jury research is an essential tool when preparing a high value case. It provides the client with greater visibility into what to expect and it is an amazing tool to assist the trial team with developing themes and stories and to assess potential value,” said Richard Fabian, Executive Vice President, Chief Legal Officer, Chief Strategy Officer, Riverstone.

This piece was originally published by PRWeb on 9/28/2021

How Virtual Depositions Work

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Virtual Deposition Procedure

A deposition is pre-trial testimony that is given under oath. The opposing attorney asks questions & the deponent answers them. The court reporter records everything that is “on the record” to create the official transcript, which can be used in trial.

A virtual deposition is when participants connect remotely through an online platform. Depositions conducted remotely can still be just as effective and actually have many benefits like being more time efficient & cost effective.

Although virtual depositions (also known as remote depositions or internet depositions) have been around for quite some time, they rose to popularity after the start of the COVID-19 pandemic and are likely to remain a common litigation practice.

Click here to read key tips for attorneys to nail their next virtual deposition

Taking a Virtual Deposition with Magna Legal Services

How a Virtual Deposition Works

Equipment

  • All you need is a computer or tablet with a webcam. Most home internet connections are more than enough for a stable connection.
  • If a participant doesn’t have the equipment needed, you can rent it. Magna offers a state-of-the-art flight pack system that we can ship anything needed (tablet with stand, internet jetpack, etc.), even for last-minute depositions.

Logging on

  • When you schedule your virtual deposition with Magna, we’ll send each participant their link & instructions for joining in the body of a calendar invite.
  • Participants have the option to join the session before the deposition start-time to get comfortable with the platform.

Platform Features

  • Here are some features that will be available to every participant on the session:
    • Mute/Unmute Yourself
    • Show/Hide your video
    • View Participant list
    • Chat Feature – Allows you to chat with all participants or chat privately with the session host or deposition manager. You can also share & save documents in the chat.
    • Screen-Sharing
    • Virtual Backgrounds (or blurred backgrounds)
  • Only the host, videographer (and sometimes, the court reporter) are able to record virtual depositions.

Click here to request a demo of the Virtual Deposition platform

Certified Legal Videography

  • Only recordings with Certified Legal Videography are admissible to be shown in trial.
  • If you need an official video deposition, a certified legal videographer can man the record button and will notify participants when going on and off the record.
  • The end result is just what an in-person videotape deposition might look like, showing the witness & exhibits. This can be also synced with the transcript from the court reporter.
  • Some attorneys may have preferences for what they want the video output to look like or include. In this case, they should confirm with the videographer beforehand the style of video they want.

Swearing in the Witness

  • Given the current situation, many venues have passed laws allowing for the court reporter to remotely swear in the witness. If the law is currently ambiguous in your venue, the parties must simply agree that the court reporter (or notary if needed) can swear in the witness remotely.
  • At the start of the deposition, the court reporter will ask the witness to raise their right hand and take an oath, which will sound something like “Do you solemnly swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?”

Tech Support

  • When picking your virtual deposition provider, you’ll want good tech support to avoid delays or connection issues.
  • In addition to testing each party’s equipment prior to the session, Magna provides continuous tech support and monitoring for all of our virtual depositions. If any tech issues arise, your tech will be available instantly via the platform’s chat feature (or can be reached by phone or email).
  • Magna also offers free platform training prior to the session for any participant who would like it.

Sharing Exhibits

  • Most attorneys can agree that virtual depositions make using exhibits a whole lot easier.
  • Paper copies of exhibits are not needed as each party will be able to view and access the exhibits online.

Attorneys have 3 options for managing & sharing exhibits:

1. Attorneys can share exhibits themselves throughout their presentation using the platform’s screen-share function.

In this case, attorneys should plan and organize all exhibits ahead of time, making sure files are named appropriately and are easily accessible.

2. Have an assistant/ colleague present the exhibits for them.

In this case, the colleague will receive their own link to join the virtual deposition and will have the same abilities as the other participants

3. Use a deposition manager to handle exhibits (easiest option).

Magna can also integrate with Agile Law!

Sharing exhibits on a virtual deposition - Magna Legal Services

Deposition Manager

  • A Deposition Manager, which we call Magna LitigationVision Plus (MLV+) is an experienced trial tech that will provide seamless support throughout your virtual deposition. They’ll handle:
    • Presenting exhibits, demonstratives and videos
    • Managing annotations in real-time, including zooming, call-outs, highlights, and markings
    • Creating & managing break-out rooms
    • and more
  • If you choose to use a deposition manager, you will send all the exhibits you may want to use to the MLV+ manager prior to the deposition so they can compile the database.
  • All exhibits you send to the MLV+ manager will also be shared with the court reporter, saving you that extra step and allowing you to get your transcript back quicker.

Viewing/ Screen Options

  • Each person can choose the screen view that they are most comfortable with (speaker-view/ gallery view).
  • You will also have the option to “pin” the witness or any participant full screen.
  • When sharing exhibits, you can have the witness remain large while the document is smaller or vice versa.

Break-Out Rooms

  • Break-out rooms can be used for private meetings with your deponent, co-counsel or others.
  • A deposition manager can handle creating break-out rooms, moving people in between rooms and ensuring confidentiality.
  • Participants will not need separate links to join break-out rooms and are able to re-join the main room at any time.

Realtime Court Reporting

  • Magna offers realtime court-reporting for virtual depositions. Attorneys can view realtime transcripts in a number of ways depending on your preference and equipment (on the same screen or on a second monitor or tablet).

Scheduling

  • Magna Legal Services offers nationwide coverage and easy scheduling 24/7 (online, by email or by phone). Click here to Schedule a Deposition.
  • Options available include:
    • Your choice of platform (Zoom, Cisco/WebEx, Microsoft Teams or other)
    • Deposition manager
    • Realtime court reporter
    • Certified legal videographer
    • Platform training (it’s free!)
    • Interpreter or translator
    • Witness preparation session with a Magna litigation consultant
    • Conference room reservation
    • Custom virtual backgrounds
    • Video/ transcript sync

Accessing Transcripts & Recordings

  • Attorneys can receive their transcripts electronically or hardcopy. If you have Magna Online Office, you can access all of the transcripts and exhibits on there as well.
  • Video recordings will be sent to you electronically via an email link or you can request a hard copy DVD.

Remote Depositions with Magna Legal Services

Magna LitigationVision (MLV) is Magna’s virtual deposition platform, which gives you the ability to depose a witness from anywhere in the world. MLV provides clients with real-time video access to depositions, mediations, arbitrations, hearings, meetings, and other proceedings.

Click here to schedule a deposition or click here to contact Magna today!

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O’Brien & Levine Court Reporting Solutions Joins Magna Legal Services

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Magna Legal Services Enhances Services With the Resources of O’Brien & Levine Court Reporting Solutions

PHILADELPHIA, Aug. 23, 2021—Magna Legal Services (Magna LS), an ALM award-winning court reporting, medical record retrieval and litigation consulting industry leader, and O’Brien & Levine Court Reporting Solutions announced today the combination of their firms. Boston-based O’Brien & Levine has been independently operated by President Kenneth Zais since 1992. The two companies combined operations on August 18, 2021.

With more than 500 employees, 3,500 court reporters, 5,000 interpreters and 40 litigation consultants in 22 locations across the U.S., together Magna LS and O’Brien & Levine will be one of the largest litigation support and consulting firms both in size and services offered.

O’Brien & Levine clients will now have access to medical record retrieval, document translation, interpreting, social media surveillance, visual communications, and jury consulting services.

“Our firms’ complementary industry strengths, similar collaborative culture and focus on exceptional service will be valued by clients in New England and throughout the U.S.,” said O’Brien & Levine President Kenny Zais. “We will continue to introduce and support real-world technologies for litigation practices, such as virtual depositions and paperless exhibits, that have now become a mainstay. I am enthusiastic about the next chapter for our clients, court reporters and team.”

Founding Partner and Executive Vice President of Sales at Magna LS, Peter Hecht, added, “We have tremendous respect for O’Brien & Levine and are excited that our clients will be able to take advantage of their services in New England. We are equally excited about the opportunity to offer new, powerful litigation support tools for their clients.” The merging of these companies will further enable Magna LS to continue to be the industry leader in court reporting nationwide.

Magna Legal Services CEO Mark Williams said, “We are delighted to welcome the O’Brien & Levine team to the Magna family. Kenny and his team built a well-known, respected brand over 30 successful years. Together, our capabilities will expand opportunities to shape the future of court reporting.”

A Guide to Professional Interpreting & Translation

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What is The Difference Between Interpreting & Translation?

Interpreting is oral translation (spoken).

MODES of Interpreting:

Consecutive

The speaker and interpreter take turns talking. The interpreter waits for the speaker to finish, then renders the speaker’s words into the target language.

Most common for: events with few participants: meetings, depositions, trials, etc.

The interpreter usually sits next to the speaker but should be “invisible”—speaking in the first person as the speaker, not “he/she said.”

Simultaneous

The speaker and interpreter talk at the same time. The interpreter listens and interprets the speakers’ words at the same time, usually with a 1-2 second lag.

Most common for: conferences and other large events. Interpreters are often in soundproof booths with microphones, while the participants listen on headphones to avoid disruption.

Translation is done in writing.

Types & Formats of Translation:

Language Combination

English to Spanish, Spanish to English, French to Italian, etc.

Subject Matter

Legal, medical, technical & other industries

Translation Volume

Anywhere from a single page to millions of words

Format

Word, Excel, PDF, desktop publishing, etc.

Skills Unique to Translators

  • Usually work only in one direction into their native (or strongest) written language
  • Excellent reading comprehension in one or more languages
  • Great referencing and researching skills
  • Excellent writers in their target language

Types of Professional Interpreting

Legal Interpreters

  • Used for trials, hearings, depositions, attorney-client meetings and more
  • Accurately interpret both conversational vocabulary and specialized legal terminology
  • Maintain a high ethical standard in order to remain neutral and avoid potentially miscommunicating an intended message
  • For international parties, legal interpreters also need to be knowledgeable of the litigation processes and terminology used in each region

Medical Interpreters

  • Used to communicate medical & healthcare concepts for businesses, insurance professionals and litigators as well as between patients and their healthcare professionals
  • Require intimate knowledge of medical terminology, concepts & procedures
  • Require understanding of cultural norms
  • Follow ethical guidelines which protect confidentiality and prevent counseling

Conference Interpreters

  • Have years of highly specialized education and training
  • Understand terminology and concepts for various industries
  • Able to listen for a period of time and accurately repeat everything that was said while preserving the tone and intended message
  • Many belong to professional associations with rigorous membership requirements

Sign Language Interpreters

  • Used to communicate between signed language and spoken language
  • Many are industry specialized to communicate medical, legal and other specific terminology
  • Utilize facial expressions, body language and lip movements to enhance communication
  • Some specialize in tactile signing for those who are both deaf and blind

Need an interpreter? Click here

Types of Document Translation

Legal

  • Patents
  • Bylaws
  • Claim documents
  • Contracts

Medical

  • Clinical trial documentation
  • Accident reports
  • Medical bills
  • Healthcare records

Technical

  • Technical manuals and drawings
  • Engineering specifications
  • Software documentation
  • Websites
  • Standard operating procedures

Business & Government

  • Responses to international RFPs
  • Employee training materials
  • Human resource documentation
  • Financial reports
  • Customs documentation
  • Business correspondence

Click here to read about “Updating & Translating Contracts and Important Documents”

High Quality, Certified Translations

Magna Legal Services provides document translations in any language combination, subject matter and volume. Communicate confidently with accurate, high-quality translations that preserve the right context and tone.

Translated Documents: Professional Language Services with Magna

Translation Services include:

  • Translations into and from any language conducted by college-educated, vetted native linguists with subject-matter expertise and knowledge of cultural norms
  • Rush turnaround as needed
  • Document review and summary translations to determine relevance before full translation
  • All translations are edited and proofread by at least a second, and in some cases, a third equally qualified linguist to ensure accuracy
  • Certification is provided at no additional cost.
  • Multilingual glossary management to ensure consistency and comprehension
  • Custom-tailored translation solutions, so you only pay for what you need!


Whether you need one language or many, full translation from scratch or review/editing of existing translations, or a combination thereof — Magna can handle it all.

Need document translations? Click here for a no-obligation & confidential free quote.

Legal & Professional Interpreting Services

Magna provides interpreters on-site for any language, anywhere in the world for all types of events, including conferences, depositions, trials, meetings and medical examinations.

Our interpreters are all college-educated, certified professionals with extensive experience in legal, medical, technical, and business fields. You can be confident that the interpreter assigned to your event is a vetted professional with the necessary language skills and professionalism to ensure your success.

If your looking to book an interpreter or would like to know more, contact us at LanguageServices@MagnaLS.com or 866.624.6221

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Related Articles & Pages:

Using Social Media Surveillance to Support Your Case

Posted on | by admin

Litigation Support: Social Media & Online Activity Monitoring

There are 2 main ways social media surveillance can help your case:

  1. Using a claimant’s, plaintiff’s, defendant’s, witness’ or expert witness’ online activity to determine how it meshes with his or her statements
  2. Interpreting a juror’s or potential juror’s online activity to discover any past experiences or biases which can affect their perception of your case.

Let’s look at the facts:

  • Utilizing social media surveillance is more beneficial now more than ever – the pandemic had more people spending time online for socializing, work, school and virtual events.
  • Approximately 72 percent of U.S. adults use some form of social media, making online platforms a great source of information to use during discovery, jury selection and throughout trial.
  • Between the recent election, shift in the economy, social justice movements and debates surrounding the pandemic, a person’s online activity can give you the insight you need concerning their views and any biases they might have.

What Is Social Media Surveillance?

            Social media surveillance is the process of collecting and interpreting information gathered from online platforms. This can be used to see the type of content someone posts or interacts with before, during and after a lawsuit or investigation. Social media surveillance can be used to see if the information a subject shares in court, aligns with the content they post on online platforms.

Online Activity Reports

Social media surveillance services such as Magna’s ClaimScout & JuryScout will gather information and compile detailed reports to obtain case evidence and/or enhance your trial strategy. Magna will also monitor the subject’s online activity throughout the duration of the trial and post-verdict.

ClaimScout & JuryScout Monitor:

  • Facebook, Instagram and other social networks
  • Blogs and journals
  • Online communities
  • Twitter and other microblogs
  • Message boards
  • Digg, Reddit and other social news sites
  • Business networks
  • Personal websites
  • & much more

Social Media Surveillance for Claimants (ClaimScout)

Scout out whether a claimant, plaintiff, defendant or witness is telling the truth about their claim. ClaimScout can be your online eyes and ears. Using our proprietary methodology, Magna can monitor a person’s internet activity to determine how it meshes with his/her claim.

Online activity reports help trial attorneys determine how the claims made in a case align with the subject’s online behavior and social media presence.

Social Media Surveillance for Jurors (JuryScout)

  • JuryScout can access information on jurors during jury selection, trial and post-verdict.
  • JuryScout can monitor a juror’s internet activity to ensure they are following court instructions, and also gain valuable insight into their thoughts and activities throughout trial as well as post-verdict.

— Jury Selection

As courts are by and large limiting access to jurors during jury selection, social media research can be used as a compliment to traditional jury selection services (such as voir dire questionnaire development and public records searches). Social media information may provide additional information on venire panelists which when compiled, may show political and religious affiliations, biases, and more.

— Predicting Juror Behavior

By creating a personalized matrix of information for each potential juror, online activity reports can provide additional insights into whether or not a juror has attributes that lead to bias. Additionally, jurors may be monitored during trial and/or post-verdict to see if they are posting about aspects of the case and/or communicating amongst one another during trial.

— Post-Verdict

Here’s an example: Magna was retained post-verdict for a high-profile case involving sexual harassment of an employee. Following an unfavorable verdict, JuryScout was able to go back and look at cached information and located four (4) jurors who violated the court’s instruction not to research or discuss the case. Counsel was able to use this information as part of the appeal.

Social Media Surveillance with Magna Legal Services

Looking to use social media surveillance to support your case? Magna Legal Services’ award winning ClaimScout & JuryScout services are a click away. Click below to get started.

For more information or to request a free case consultation, contact us anytime at 866.624.6221, or email us at CaseConsultation@MagnaLS.com.

Fill out Magna’s Claim/Jury Scout Form

Additionally, ClaimScout & JuryScout reports can also include information regarding:

  • Address Summary
  • Others using SSN
  • Date/Locations where SSN Issued
  • Census Data
  • Bankruptcy Indicator
  • Property Indicator
  • Corporate Affiliations Indicator
  • Bankruptcy
  • Liens and Judgments
  • UCC Filings
  • People at Work
  • Driver Licenses
  • Vehicle Registrations
  • Property
  • Professional Licenses
  • Voter Registration
  • Hunting/Fishing Permits
  • Concealed Weapons Permits
  • Associates
  • Relatives
  • Neighbors
  • Criminal Records
  • Sexual Offenders
  • Phones

Related Articles:

5 Unique Tips to Jury Selection for Civil Cases
How the Pandemic Affects Juror Perspectives
JuryScout

Virtual vs. In-Person Jury Research

Posted on | by admin

Three Reasons Why Virtual Jury Research Is as Robust and Effective as In-Person 

Article by Taylor Lyden
Originally published in MA LAWYERS WEEKLY 2020 

In this new age of regional lockdowns and social distancing, counsel have had to adjust trial preparation significantly.     While some jurisdictions are slowly opening and attempting to safely hold trials, many places are still in the early phases of re-opening and still prohibiting gatherings of more than 25 people or requiring quarantine upon entering from certain states.  This has forced people to consider alternate forms of jury research to stay on track for trials scheduled for this fall and winter.   Enter online, or virtual, jury research. For those unaccustomed to online jury research, the prospect can be daunting, to say the least.  You may worry that you won’t get a representative jury, jurors won’t pay close attention, they’ll struggle with technology, or they won’t be able to have meaningful discussions of the evidence.  As a leader in the field of jury research, Magna pioneered virtual jury research.  For over a decade Magna Legal Services has utilized a virtual courtroom for online jury research in addition to the more traditional in-person mock trials, and our experience has taught us that online deliberations are every bit as robust and effective as their in-person counterparts.  With thousands of mock trials to draw from, below are three reasons why we have concluded that there is no substantive difference between virtual and in-person deliberations for jury research.   

  • Jurors “get to the point” more quickly online because they are less inhibited. Online videoconferencing has a way of leveling the playing field for jurors.  Each juror deliberates from the comfort of their own home (whatever that environment may be), and each is provided with the same amount of virtual real estate on the other jurors’ screens.  Because jurors cannot be physically large or animated, loud and dominant jurors tend to be less aggressive to others online than in-person, and wallflowers tend to be more confident in speaking up in the group.  Additionally, through years of both online and in-person jury research, we have found that psychologically, there is a feeling of protection afforded by a computer screen for jurors, and this protection allows them to speak their minds openly.  Online jurors tend to benefit from an anonymity effect whereby jurors don’t know each other and don’t have to spend time sizing each other up.  Because of the reduced inhibitions online, jurors more quickly express and advocate for positions that may be seen as unpopular among the other jurors.  In an in-person exercise, jurors have spent the day together and have formed some early impressions of others from eating together and taking breaks together.  When they sit in their smaller groups in deliberations there is more [perceived] pressure to perform a certain way.  Peer pressure can be an exceptionally strong force in the deliberation room.  In virtual research, the metaphorical shield of a computer screen goes a long way in staving off these pressures.  This can be instrumental in avoiding jurors “giving in” to those around them because they are nervous or anxious about speaking up. The added layer of comfort and protection provided by remaining in one’s own home also helps overcome any initial hesitation a juror may have for the online format.  This is not to say that the sociology involved in an in-person deliberation hinders the discussion or changes the outcome; it can simply take longer to get where they are going. 
  • Modern webcam and voice technology allow for easy access for a cross-section of the community.  Since the world turned virtual in a matter of weeks in the Spring of 2020, technology companies have scrambled to keep pace with the demand of the throngs of people suddenly telecommuting.  The result has been considerable advances in videoconferencing that allow for near seamless interactions among participants in multiple locations.  According to the FCC, only 6% of Americans don’t have access to high-speed internet in their homes, and the majority of this 6% is comprised of Americans living in very rural areas1.  Gone are the days of dial-up internet and “Can you hear me now?” voice connections.  Though Magna uses its own proprietary software and courtroom design, recent advances in technology and vast accessibility of high-speed internet have allowed for a number of options for online jury research.  Whatever the platform, jurors can converse smoothly, as if they were in-person, and the prevalence of webcams (now standard on nearly every phone, computer, and tablet) have provided an experience where jurors “feel” like they are together.  Our experience using Magna’s patented JuryConfirm technology has taught us that even when jurors are using technology they have never encountered, they are able to become proficient in its use very quickly and it is not the distraction many fear it will be.  Finally, many jurors have reported that viewing the evidence virtually is as easy or even preferable to in-person as they are able to view the materials more closely and clearly.   The combination of all these factors has meant that virtual trials are accessible to almost all Americans and jurors are able to effectively communicate and discuss the substance of the evidence and argument, rather than worrying about technological concerns.   
  • Jurors are now just as comfortable talking online as they are in person.  Because working, schooling, and socializing from home became the norm for so many so quickly, jurors have recently racked up countless hours in front of their screens communicating on video.  These days just about everyone has used Zoom Meetings, GoToMeeting, Adobe Connect, FaceTime, Skype (or similar online meeting platforms) for either work or social purposes, and indeed have come to find videoconferencing to be the “new normal.”  The novelty of transforming “real life” into a virtual setting has worn off as online formats have proved successful in countless situations.  The technology advances outlined above have meant that even the most self-described “technology illiterate” jurors are able to join in the conversation with ease, and the initial learning curve of getting used to talking on a conference call line has already passed for most.  Finally, special features such as “follow-the-speaker” technology have provided a more natural feel in online group settings, allowing for increased ease in following the conversation as it bounces quickly between participants.   

Conclusion

In sum, as more and more attorneys and parties find themselves faced with virtual jury selection, trial, and/or deliberations, we look back at our experience over the years to help allay any fears that online deliberations are less effective than those in-person.  While there are some unavoidable limitations, we feel that benefits of online deliberations can, in many instances, outweigh any drawbacks.  In other words, you can rest assured that jurors will still take your case seriously, carefully evaluate evidence and arguments, and have thoughtful and meaningful deliberations to a verdict.  Additionally, if you find yourself headed back into the courtroom (virtually or in person), remember that online mock trials and jury research can be a great and cost-effective way to test the waters and may just help draw open the curtains on a key to your case that you may have missed.   

Click to Read Article on MassLawyersWeekly.com >>

Click to Read More About:

COVID’s Effect on Juror Perceptions & Damages >>
Jury Research Data & Adjusting Your Litigation Strategy for Your Post-Pandemic Cases >>