The 9th annual Chopped for CHOP raised $35,300 for Children’s Hospital of Philadelphia (CHOP). The fundraiser CLE conference, hosted by Magna Legal Services featured four of the best trial attorneys in the nation competing in a mock trial challenge. The program was held on June 21st & 22nd at the Borgata in Atlantic City and was attended by over 200 legal and insurance professionals from across the US.
“We’ve been raising money and awareness for CHOP since 2009, and our Chopped for CHOP event allows us to create exciting experiences and foster connections while doing so,” said program producer Peter Hecht.
Chopped for CHOP is one of the three annual unique & interactive conferences produced by Magna. “It is not only a great event to network, but a great event to learn,” noted Chopped for CHOP 2023 Champion, Jerry Hamilton, who is still holding that title for last year.
Magna’s “Edutainment” programs connect attorneys, corporate counsel and claims professionals, creating memorable experiences and the opportunity to learn from each other.
Magna Legal Services Doubles the Size of their Litigation Consulting Team with the Acquisition of TrialGraphix
PHILADELPHIA, March 16, 2023 —Magna Legal Services (Magna LS), an ALM award-winning litigation consulting and support provider of jury consulting, visual communications, court reporting, medical record retrieval, and language services, and TrialGraphix, a visual communications company, announced the combination of their firms.
The two companies will combine operations on March 16, 2023, with partners Guy Joubert, Tony Canzanella, Dave Johnson, Scott Carlin, and Adam Brucks all joining Magna.
With more than 700 employees, 100 litigation consultants, 3,500 court reporters, and 2,000 interpreters in 22 locations across the U.S., together, Magna LS and TrialGraphix will be one of the largest litigation support and consulting firms both in size and services offered.
Founded in 2006, “TrialGraphix became the industry leader by focusing on powerful visuals and the technology to present evidence in court,” said TrialGraphix Managing Partner Guy Joubert. “Partnering with Magna allows us to support our clients with new strategic resources to enhance their case outcomes. We are thrilled about the next chapter for our clients and team.”
“I have been impressed by TrialGraphix for many years and I am delighted to have them join my team at Magna LS,” added Founding Partner and Executive Vice President of Litigation Consulting at Magna LS, Mark Calzaretta, “Our combined forces cement Magna’s position as the nationwide leader in providing trial lawyers with jury, graphics, and trial technology consulting services. Together, we have the deepest bench of experienced professionals available.”
“We are overjoyed to welcome the TrialGraphix team to the Magna family. TrialGraphix built one of the most respected brands in litigation consulting. I am delighted that the entire management team and partners will continue with us at Magna LS,” added Magna Legal Services CEO Mark Williams.
When your case has millions on the line, jury consulting can be instrumental in preventing your case from exploding.
What are some factors which can cause a nuclear verdict?
A case that makes jurors upset – either fearful, angry, or both
Highly sympathetic plaintiffs, or an entire family
A case involving gruesome injuries (such as burns) or particularly sensitive injuries – physical or mental/emotional
Bad company documents, internal memos
Bad optics surrounding company conduct
The appearance that a corporate defendant does not prioritize safety or puts profits over people
Evidence that a company violated its own policies
What does a Jury Consultant do?
A jury consultant assists parties during all phases of litigation to ensure they are presenting the most effective, compelling position possible given the available evidence and witnesses and considering the eventual audience – the jury.
Jury Consulting & Research Exercises for High-Value Cases
A jury comes with a set of opinions, biases and prior knowledge of the parties that will no doubt influence their conclusions, even if they are advised to put those notions to the side.
The trial team must build their case strategy and construct their arguments with their audience in mind.
Early-Intervention Jury Research
Early-intervention jury research will answer:
Where do we stand?
What are the strengths and weaknesses of our position as well as our adversary’s position?
How do we need to develop the case and build out our narrative?
These early-intervention exercises will take place during (and even pre-) discovery. They can include:
Witness training prior to key depositions as well as in preparation for trial is crucial to keep the case contained.
Prepare your key witnesses prior to their depositions to make sure they stay on message, remain faithful to their side of the story, and not fall prey to reptile tactics.
Preparing for Trial
When discovery is nearing an end or is closed, the trial team will benefit from more adversarial testing such as single or multi-day mock trials (online or in-person).
During the trial, Magna’s consultants can assist the trial team with:
Voir Dire & Jury Selection Consulting
JuryScout: prospective juror background and social media searches
Shadow Jury
Trial Monitoring & Consulting
Witness Preparation
Getting Started
Our experienced jury consultants use a multi-phase jury research methodology to ensure the statistical reliability and robustness of our findings
Request a free case consultation with Magna today to see how we can assist you in providing the best possible representation for your clients.
When presenting your trial story, the picture each juror is painting in their minds will vary from juror to juror. Using visual communications will help control the story you are trying to tell, and help alleviate past experiences and biases.
Control the narrative with trial graphics. Click below to learn more or to request a complimentary case consultation with an expert graphics consultant.
Barkley is a leading provider of court reporting and deposition technology services for law firms and corporations. Barkley was founded in 1972 with the mission of giving attorneys ready access to like-minded court reporters whenever and wherever needed. Over the last decade, Barkley has expanded its service offerings and established itself as a key player in court reporting and deposition technology services.
Barkley represents a highly complementary acquisition for Magna that enhances Magna’s existing capabilities in court reporting. “Barkley is a fantastic fit with Magna,” said Mark Williams, Chief Executive Officer of Magna. “We have a shared emphasis on providing our clients with best-in-class service quality and assistance. We look forward to our collaboration with Barkley.” Peter Hecht, Founding Partner and Magna’s Executive Vice President of Sales, said, “Barkley is a great addition to Magna and adds significant coverage for our west coast clients. We are excited to work together with the Barkley team to continue to deliver exceptional service while providing the convenience of one-stop shop advantages with the introduction of our medical record retrieval and litigation consulting services.”
“Magna is the perfect next chapter for Barkley,” said Mason Farmani, Chief Executive Officer and Managing Partner of Barkley. “We are highly enthusiastic about joining forces and being a part of a scaled, industry leader like Magna, and believe it will allow us to provide even better services to our clients while accelerating growth in our business. I am excited about what this partnership will bring for our clients, court reporters and team.”
Existing Barkley operations will continue business as usual, and Barkley clients will receive the same level of high-quality customer support as prior to the acquisition.
About Magna Legal Services
Magna is a leading provider of litigation support services to law firms, insurance companies, and corporations, offering a broad array of services that support clients through each phase of the litigation process, including court reporting, graphics design, jury consulting, record retrieval, and translation services.
Both modern and traditional jury consulting practices can help attorneys gain insight into how jurors are likely to respond to case facts before entering the courtroom. However, powerful advances in technology make jury research more statistically reliable, easier to conduct and more cost-effective than ever before.
In this article, we’ll break down how modern jury consulting services work and how they may benefit you ahead of your next big trial date.
Benefits of Using Modern Jury Consulting Technology
Advanced technology in jury research increases the reliability and understanding associated with potential juror decisions.
These solutions offer huge benefits when dealing with complex, high-value cases, so it is imperative attorneys understand every tool at their disposal.
Benefits include:
Larger data pools
Increased statistical reliability
Robust findings
Convenient & time-efficient sessions
Quick turnaround of analysis
Cost-effective
Real-time polling
& more
Advanced Data Analysis with Modern Jury Research Solutions
With modern jury research, attorneys are able to access larger pools of data for analysis with increased convenience and efficiency.
This benefits legal teams looking to:
Gauge a reliable range of potential damages if the case went to a jury trial
Test themes, storylines & venue climate in order to prepare the most effective trial strategy
Use jurors’ social media & online activity backgrounds to discover potential biases & past experiences during jury selection and throughout the trial
A standard trial jury comprises individuals with diverse backgrounds and views, most without legal expertise. As such, they can be unpredictable. Technical consulting solutions provide a wide range of insights at every stage of the trial process.
Online Tools for Reliable Jury Research
There are several solutions that offer powerful insight into potential jury outcomes ahead of an important trial date:
Online Focus Groups & Mock Trials with JuryConfirm
Featuring Evidence Analyzer Powered by AI
JuryConfirm is a highly comprehensive virtual jury research platform. Attorneys present their cases to jurors in their trial venue. Jurors then deliberate at length in the virtual courtroom, displaying their video feeds to preserve the ability to read emotions & body language. The Evidence Analyzer uses AI technology to assess juror reactions and provide related insights on your case presentation.
Evidence Analyzer Powered by AI Automatically takes notes & monitors jurors reactions & feedback to the presentations
Live Attorney Presentations with Limitless Capabilities Display & annotate exhibits, videos & other visual aids in real-time
Simulated Courtroom Environment Interactive juror profiles & live video feed of juror deliberations and attorney presentations
Detailed Reporting Featuring strategic recommendations and key take-aways
This comprehensive, technologically advanced framework provides all the benefits of both remote and in-person mock trials.
Damages Assessment with JuryEvaluator
Magna’s patent-pending case valuation tool, JuryEvaluator®, offers a scientific and statistically significant damages assessment for your actual case from your actual jury pool.
This research considers the effect of current media climate to provide insight into your case risk, exposure & value.
Research conducted in your case venue using your actual case facts
Research captures present-day surrogate juror attitudes and biases
Statistical analyses provide a reliable range of potential damages if the case went to a jury trial (economic, non-economic & punitive)
Damages Assessment Report includes:
Methodology & Respondent Demographics
Juror Questionnaire Responses
Jury Simulation Data Analyses: Traditional & Pro-Plaintiff
Case Script
Juror Open-Ended Responses & Analysis with Key Takeaways
Damages Analysis & Allocation of Fault
Social Media Surveillance for Jurors with JuryScout
Interpret a juror’s or potential juror’s online activity to discover any past experiences or biases which can affect their perception of your case with JuryScout.
JuryScout uses include:
Jury Selection: As courts are limiting access to jurors during jury selection, online activity reports can provide additional information to show past experiences, political and religious affiliations & more.
Predicting Juror Behavior: By creating a personalized matrix of information for each potential juror, JuryScout provides insight into whether a juror has attributes that lead to bias.
Post-Verdict: Here’s an example: Following an unfavorable verdict on a high-profile case, JuryScout found cached information which located four jurors who violated the court’s instructions. Counsel was able to use this information as part of the appeal.
Which Jury Consulting Method is Right for Your Case?
Be confident in knowing how a jury is likely to approach your case.
Magna Legal Services offers a full array of litigation consulting services, including risk assessment & strategic recommendations.
Our experienced jury consultants use a multi-phase jury research methodology to ensure the statistical reliability and robustness of our findings
Request a free case consultation with Magna today to see how we can assist you in providing the best possible representation for your clients.
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 mock juror recruitment process is just as if not more important than a post-trial juror interview.
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.
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
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
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).
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!
