Over time, the jury trial has evolved. Although the concept of a judgment made by one’s peers remains the same, attorneys have had to change their legal strategies in order to account for increasingly sophisticated jurors with evolving expectations.
Category: Blogs & Whitepapers
Why Machines Can’t Replace Human Court Reporters
Court reporting services have long been an essential part of legal proceedings. No matter the sharp questioning of counsel, the compelling testimony of witnesses or the detail of evidence examination, it is all for naught without someone there to record what happened. Court reporters are present at depositions, in courtroom trials and other forums to document vital information during a legal case.
Jury Profiling: Multiple Levels of Jury Research
Jury “selection” does not exist in the United States. Attorneys choose individuals to serve on the jury by “deselecting” from jury service those individuals who they expect to be unfavorable to their side. Identifying and systematically eliminating pro-plaintiff or pro-defense jurors could be your secret weapon in winning a trial.
Traditional jury selection techniques are often based on stereotypical notions about the influence of juror characteristics on verdict behavior. If you’ve ever tried to connect a potential juror’s gender, race, occupation, social status, marital status, age, religion or demeanor to their tendency to vote guilty or award higher damages, then you’ve probably exercised some of these preconceptions. Needless to say, none of these stereotypes has any scientific basis.
In contrast, scientific jury profiling uses empirical techniques and systematic analysis to develop profiles of favorable and unfavorable jurors. In our experience, only multiple levels of research can predict how an individual will approach the case, evaluate evidence, and render a verdict. Statistical profiling ensures that you’re in the best possible position to seat the best jury.
Jury Research Data and Focus Groups
Trial attorneys often pride themselves on their ability to communicate complex legal theories in a simple way. But when you’re living and breathing a case for many months, it is easy for your objectivity to become compromised. Focus groups and other jury research exercises can help fine tune your arguments and begin to identify some trends in jury profiling.
A mock trial or focus group typically involves the observation of small group deliberation, based on the presentation of testimony that closely approximates an actual trial. By analyzing what mock jurors find significant, meaningful or memorable about the case, we can develop early stage profiles about whether certain attitudes and experiences are likely to be pro-plaintiff or pro-defense and helps us to advise the trial team on the effectiveness of their argument and ways to improve.
Mock jury data can be gathered in various ways, including full trial simulations, shadow juries, focus groups and online mock juries. At certain times, we favor some of these methods and/or combine two or more types of exercises in order to gain the fullest data set to prepare for a trial. It depends on the complexity and value of the case.
When gathering mock jury data, it is important to realize that the quality of the findings is wholly dependent on the quality of the methodology: Put simply, you’ll get better results if the research team is well-versed in the nature of advocacy, presentation, communication, psychology and small group behavior, and designs the study with these factors in mind.
Large-scale Juror Profiling
While traditional jury research data is extremely helpful, it is often based on a relatively small sample size, both in terms of the total number of participants and the number of focus groups. Sample size is a key determinant of how much weight to ascribe to research results. Generally, smaller sample size groups should be interpreted with caution since the group’s characteristics may have been the primary cause of the outcome; they are not predictive in the statistical sense. This is particularly important when evaluating damage awards or responsibility allocations, which are the least reliable types of data.
Because of these limitations, we recommend large-scale juror profiling studies. Massive community profiling allows us to validate the initial profiles developed through our jury research, and determine with statistical certainty what types of jurors are likely to favor the plaintiff versus the defense in your case.
Large-scale profiling is a multifaceted protocol. It starts with one or more large-scale community perception surveys, which we administer with the intent of uncovering community attitudes and biases to each party’s respective position in the case. Research consistently shows that pre-existing attitudes are more predictive of verdict behavior than the potential juror’s experiences; and experiences are significantly more predictive than demographics.
In other words, it is not enough to find out what experiences the potential jurors had, but also what they learned from these experiences. Essentially, we’re using big data about ordinary people, such as their social media activity, to develop a statistically reliable verdict-orientation model based on what motivates people to think the way they do.
The impressions we collect allow us to develop and gain a more nuanced understanding of the kinds of jurors who would be more receptive to the plaintiff’s position than they would be to the defense case. Correlated with mock jury data, this can help us narrow down potential voir dire questions to those which we know are reliable predictors of verdict orientation. The goal is to help the trial team effectively identify and deselect jurors who cannot and never will be persuaded.
Final Thoughts
“Almost every case has been won or lost when the jury is sworn,” legendary defense attorney Clarence Darrow once claimed. That may be an exaggeration, but getting even a small edge can turn the tables in a difficult case. Jury profiling can give you that edge — as long as it’s the right type of profiling. Piecemeal small-scale mock juries have less value than aggregated results gathered from multiple data points and deeper statistical analysis.
Just as you evaluate cases in a critical manner, evaluate the quality of the research service used with the same considered eye. Choosing a consultant who applies multiple layers of rigor to their analysis ensures the quality of your data and assigns a degree of much-needed confidence to the results you have obtained. It can make all the difference.
If you’re ready to learn more about Magna’s jury profiling services, contact Magna Legal Services today.
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How Real-Time Court Reporting Saves Time and Money
Court reporting is the process of documenting the speech that occurs during legal proceedings, either in a courtroom or during depositions that are recorded outside of court. Court reporters record the words of defendants, lawyers, prosecutors and other people appearing in court in a written format, allowing legal teams to refer to the documents later to find out what transpired during the court hearing.
Traditionally, court reporters have used a shorthand form of language known as stenography to record court proceedings. After the court proceedings have been completed, court reporters can go back and translate it from shorthand into Standard English, although this process can take a long time.
Real-time court reporting uses technology to quickly translate court reporters’ shorthand into English. This speeds up the process of creating a written record of the court proceedings.
How Real-time Court Reporting Works
Some of the earliest machines to be used by court reporters were known as stenographs. Invented in 1830 and significantly updated in the early 20th century, a stenograph allows court reporters to record their shorthand notes very quickly. A stenograph contains fewer keys than a traditional keyboard and allows more than one key to be pressed at the same time. Court reporters have used stenographs for nearly two hundred years to create a record of court proceedings.
Real-time court reporting involves connecting a court reporter’s stenography machine to a computer. Using computer-aided transcription (CAT) technology, the computer can automatically translate the shorthand notes into a full English report.
Magna Legal Services uses real-time court reporting to ensure that lawyers always have accurate depositions to support their cases in court. Using the latest in reporting technology, along with an advanced online legal management service, Magna Legal Services allows lawyers to organize their depositions and other important legal files from anywhere in the world.
Cost Benefits of Real-time Court Reporting
One of the main benefits of real-time court reporting technology is that it is interactive, which means it allows you to make notes on a testimony. You can easily view previous parts of the testimony, which facilitates on-the-fly research. This can cut down on the overall research costs that your business faces.
Another key benefit of real-time court reporting technology is that it allows transcripts to be delivered very quickly, cutting down on the amount of time you spend waiting for the information you need. This makes the litigation process more efficient, which could lead to significant cost savings for your legal firm.
Magna Legal Vision takes real-time court reporting to the next level. This platform allows you to collect and organize video depositions using video teleconferencing and streaming services. This technology can save time and cut costs by reducing the need for people giving testimonies to physically travel to your office or the courtroom. The platform also offers multimedia features, in which witnesses can annotate exhibits during a deposition. These tools can be extremely powerful in many cases.
Advantages of Real-time Court Reporting
Real-time court reporting has many advantages. The most obvious advantage is the greater efficiency of the process, which allows you to gain access to reports much more quickly than would be possible if you had to wait for them to be translated by a human court reporter.
When you use the real-time court reporting services offered by Magna Legal Services, you gain access to an even greater range of benefits. In particular, Magna’s cloud-based Online Office platform which allows you to access and work with your deposition files no matter where in the world you are located or what kind of device you are using.
Some of the features Magna Legal Services Online Office offers include the following:
- Deposition management:You can use the deposition request form to schedule depositions at times that suit everyone. You can specify the format you want the deposition to be recorded in, whether it’s a text file, CD or video report.
- Calendar management:You can view and manage your deposition schedule for today, this week or the following month.
- Document management:You can access all documents related to a case online through this cloud-based platform. You can review and print documents or share them with other members of your legal team.
- Account management:You can manage your invoices and other important account information online.
Magna Legal Vision is another useful service offered by Magna Legal Services. This technology provides Magna clients with real-time access to their deposition and video footage.
Conclusion
Real-time court reporting offers many benefits to legal firms who want to provide the best possible service to their clients. To make the most of real-time court reporting, you need to use up-to-date technology to get the most accurate and timely reports of depositions, testimonials and other court proceedings.
To find out more about the real-time court reporting service offered by Magna Legal Services, get in touch with us. We are ready to explain the technology we use to capture testimonials and help you organize all the case-related documents you need to win cases for your clients. Contact us today to find out how our real-time court reporting services can help you.
How To Hire a Court Reporter
Court reporters offer an invaluable service for legal institutions and for attorneys who rely on accurate transcriptions of proceedings. It can be a challenging process to search for a court reporter, especially for legal professionals new to the process in a particular jurisdiction or who don’t know much about the venue. In the absence of a professional network you can rely on for a word-of-mouth referral, you have to use objective criteria to find the right person. Going to court can be a confusing time, there is a load of things that need to be sorted alongside getting a court reporter. For example you might need to use a process service (such as one provided by someone like the Colorado Springs Process Server).
Lawyers assess several key factors when deciding on a court reporter. This kind of analysis is essential, as the role of a court reporter is complex and attorneys need to rely on those services in order to safeguard the welfare of their clients. The welfare of clients is of the highest importance to attorneys like Bley & Evans, they need to make sure that everything going on, is happening in a fair and impartial environment to get the best result they can from the proceedings. Consider these criteria when searching for a new court reporter for your next deposition or trial.
Certifications and Training Matter
Court reporters provide the only record of depositions and trial proceedings. They document the gestures and actions of speakers using stenography equipment. At the conclusion of events, they edit for typographical errors, ensuring the record is accurate and reliable. However, a full-service legal service can provide more sophisticated services, like video depositions.
Because court reporters must have a general understanding of the legal environment, they are trained in legal terminology and procedures. Many states require court reporters to have a license. Additionally, most court reporters are members of the National Court Reporters Association, adhering to a code of ethics and committing to provide unbiased and accurate reporting. Magna court reporters are also experts in particular subject matter, meaning they’ll be up-to-date on all of the latest terminologies and issues regarding your particular field of law.
Hiring a trained and certified court reporter gives attorneys peace of mind that an important word won’t be missed or incorrectly transcribed. When a deposition is used in court or transcript used for an appeal, there will be no debate as to whether the court reporter made a mistake.
When searching for court reporters, ask about their training and confirm that they are NCRA certified. Certifications through the NCRA are verified independently and continuously updated. The organization provides continuing education programs and services to ensure its members are able to meet the high standards required of attorneys and courts across the country.
How Will Depositions Be Recorded?
Attorneys refer to legal records for varied kinds of information. Often, a written transcript can only reveal part of what’s important in a piece of testimony. Gestures, hesitations, body language and other visual cues are mostly missing from text-based transcription. Legal experts and layman observers agree that visual information is often crucial to gain a greater understanding of what was said and thereby the legal argument.
Video records offer additional insight and create another record of what transpired, particularly if cameras are placed at a variety of angles to get a full perspective. Advanced technology allows for real-time transcription of testimony that supplements the video recording, so attorneys can refer back to important places in the proceedings almost immediately.
Since securing a deposition and exhibits is a crucial part of court reporting, confirm the person you hire will get the records you need. MagnaLS, for example, provides both written and video depositions and offers camera shots from many angles so no important detail is missed. When depositions are presented to a jury or judge, those subtle cues can make the difference between winning or losing a case.
What Technology Solutions Do They Offer?
Court reporting has evolved significantly over the past several decades. The days of court reporters using shorthand to take down dialogue are over, although experienced court reporters may use an impressive range of skills in order to document all aspects of a proceeding.
As legal cases have become more complex, reporters have introduced advanced technology to ensure every detail is recorded for the benefit of the courts, attorneys and juries. This is essential in cases where there is a great deal of scientific evidence to analyze, if attorneys have to impeach witnesses or challenge amateur evidence like cell phone video.
Ask your prospective court reporters about the technology they are trained to use and have access to. Sophisticated technology offers a 360-degree perspective of a proceeding, including comprehensive video, audio recordings and written records. MagnaLS, for example, offers digital videography and a multi-camera perspective. Real-time exhibit and video deposition integration, as well as courtroom video playback, give attorneys essential tools to examine witnesses. For lawyers, it usually means having the competitive edge that can get the best results for clients.
After the session is complete, MagnaLS handles video digitization and transcript synchronization so you receive the optimal record of proceedings for use in later stages of the case.
Contact MagnaLS to Learn More
MagnaLS is committed to meeting high standards in legal services. Attorneys place a great deal of trust in our technology and personnel, a trust we do not take for granted. With a nationwide reach, we can find the right people to work your case in any part of the country as well as internationally.
We always welcome inquiries from prospective new clients interested in our work. For high-quality court reporting services, contact MagnaLS today!
Effective Ways a Court Reporter Can Assist in a Case
Savvy attorneys realize a court reporter can be an indispensable resource in evaluating a witness and trial prep in general. While at one time all courtrooms supplied a trained professional to document proceedings in detail, budget cuts and changing priorities have left many legal experts on their own when it comes to securing a reliable transcript of a trial or court hearing.
Court reports offer an unbiased, high-quality record of witness testimony, lawyer motions and objections, and judicial rulings that provide invaluable information as the trial continues or the verdict is appealed at a later date.
What an Experienced Court Reporter Does
Court reporters provide real-time access to a transcript of depositions, hearings and trial proceedings. Using modern technology, they create a written record of every word said during a legal proceedings, including witness questioning in front of a jury or judge. Court reporters are often present during depositions in order to capture the details of testimony as a case unfolds.
Many who work as court reporters are members of the National Court Reporters Association, a body that mandates a code of ethics. Trusted court reporters are unbiased recorders of information and prohibited from showing favor to one side or another. In addition, career court reporters maintain professional decorum by acting professionally at all times, showing little emotion during proceedings and remaining focused on the task at hand.
In cases where witness testimony is central to an attorney’s argument, court transcripts preserve and thus permit detailed cross-examination and impeachment of a witness with his or her own words. When the court record is absent, a witness can simply forget the precise account given during a previous day’s testimony. One person’s version of events may be contrary to another’s. Transcripts are an invaluable tool for lawyers who want to get to the core of what happened.
Talented court reporters offer language and translation services for live testimony and transcribed documents. All members of the profession receive training in legal proceedings and legal language in order to do their jobs efficiently. Multilingual court reporters have the added ability to translate from one language to another with the nuance of the legal environment. Also, an experienced court reporter learns the case and will build a database to make subsequent depositions to make a case run more smoothly.
Learn more about Magna’s language services.
How a Court Reporter Can Be a Difference Maker
Witnesses are often deposed before trial. This is a form of questioning that takes place outside of court, in the presence of attorneys from both sides. Witnesses are under oath and sworn to tell the truth, by the court’s agent- the court reporter, but lawyers can ask questions that may not be admissible under court rules. A deposition is an invaluable way for both sides to get at the information they are looking for and to plan trial strategy.
In order to use this deposition for maximum effect during a trial, lawyers want to present a witness with the testimony provided at a previous date. This is almost impossible without proof of previous testimony. Court reporting is more effective than a poor audio recording, since attorneys can zero in on certain words and phrases the witness used. In addition, relying on recording technology alone is actually time-consuming and more expensive, since a written transcript of an audio recording must still be produced. These written transcripts are also used in court briefs submitted by the parties.
In order to get a good deposition, court reporters can work with legal counsel to ensure the information is conveyed clearly. While remaining objective and professional, court reporters can request that parties refrain from talking over one another and speak clearly so no vital details are missed.
Court Reporters and Technology
Although court reporting has existed for many decades, it has evolved as technology has changed. Many court reporters use a stenotype machine to transcribe proceedings, but it has many modern modifications. Recent advances include connecting the court reporter’s device to a laptop to create real-time closed captions of the testimony or for the benefit of those with hearing impairment.
Some court reporters do their jobs over an internet live stream, allowing them to provide the same services without being in the same room. This is invaluable for depositions taking place in remote areas where it may be difficult to set up proceedings. Use of internet streaming depositions can also be a cost saver as travel costs are not necessary as well as time for travel is saved.
In any event, modern court reporters have extensive training and experience in the technology that makes their job easier and more efficient. Unlike some industries where technology has lagged behind, court reporting has embraced new ways of transcribing and saving information so it can be used in a legal context.
Learn More About Court Reporting Services
Court reporters are respected members of legal teams and the court system. For most, the profession is a long-term career that involves ongoing training and skill development. As resources provided by courts decrease because of declining budgets, law firms and lawyers often have to step in to fill the gap and arrange for their own services.
Given the importance of court reporting, it is essential that you choose not only skilled and experienced individuals, but a firm with extensive resources and a history of taking on the most qualified members of the profession. To learn more about your options for court reporting, virtual depositions, translation and video services, contact Magna today.
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Next Level Court Reporting: Why A Video Deposition is Worth It
Whether it’s a civil or criminal matter, court reporting is an essential aspect of winning your case. When breaking down the duties of a court reporter, though, the deposition is often considered to be one of the most important. The deposition ensures that you preserve witness testimony while avoiding any surprises at trial, but not all depositions are created equal. Court reporters that seamlessly provide video deposition services are often the most cost effective providers and in many instances the memorialized video deposition greatly increased the attorney’s chance of success thanks to the numerous benefits provided.
Benefits of a Video Deposition
When it comes to deposition services, video testimony provides the greatest tool for both witness presentation and impeachment. Every litigator has been in the position of having to read deposition designations to point out inconsistent witness testimony or when a witness is unavailable. By and large, jurors can become bored by the monotony of this practice. Also, this does not capture the person who is speaking and thus leaves the “witness” to the juror’s minds eye.
This problem, however, doesn’t exist when a video deposition is available. When you can show the judge or jury the witness speaking clearly into a camera, it becomes much more difficult for said witness to claim they didn’t understand the question or context, or even claim that their words were twisted or misconstrued. Video also provides you the opportunity to protect your own witnesses’ credibility if opposing counsel tries to manipulate what they said.
Additionally, court reporters who provide video deposition services help you gain a more in-depth deposition than with just a transcript alone. Far too often, witnesses will get off track when speaking during a written deposition. Their and their attorney’s knowledge that jury members will never see the actual conversation sometimes results in getting off the subject and a meandering testimony. When everyone understands that the deposition will be recorded, though, they’re more likely to “stick to the script.”
This allows you to streamline the deposition and come away with a cleaner transcript for use at trial or briefing. Depositions can last as long as necessary, but having the ever-watchful eye of a video camera motivates everyone involved to focus on getting all of the pertinent facts committed to evidence in a timely manner.
Paper Depositions & Video Depositions
While video deposition services provide a variety of benefits on their very own, the actual power of video becomes far more apparent when compared to paper depositions. Science has shown that the human brain processes video 60,000 times faster than it does text.
What this means is that judges and juries will be able to get a deeper understanding of what’s going on instantaneously. Fortunately, this benefit doesn’t just extend to judges and jury members. You will also be able to review a deposition and prepare your case in a more time-efficient manner than if you tried to sit down and pore back through volumes of written statements. And as any attorney can rightly attest to, time is money in the legal field.
In addition to being more cost-efficient by allowing you to more effectively use your preparation time, video deposition services also save on costs thanks to the ability to present testimony from witnesses whose location or medical condition prohibits them from coming into court.
Maybe the biggest benefit of video depositions is the ability to gain a deeper understanding of testimony by viewing body language. If you read a statement that says “I didn’t owe her any money” in court, it doesn’t say nearly as much as seeing the witness saying the same thing while rolling their eyes, sucking their teeth, and acting otherwise dismissive or insulting.
No matter what, being able to view a witness’s body language in addition to their words can speak volumes. This is why good court reporters will always use high-quality video depositions — preferably with multi-camera views so courtrooms will have every vantage point possible.
Video Depositions Are at the Forefront of Technology
Like most great industry tools, video deposition services don’t stop at basic functions. As technology evolves, so do video depositions. At Magna, for instance, the most up-to-date technology is utilized to provide video teleconferencing (VTC) and/or internet streaming services when performing video depositions via the Magna Legal Vision platform.
Since businesses using VTC and similar services reduce travel expenses by 30 percent, these techniques are beneficial both economically and technologically. In addition to utilizing the most advanced aspects of video technology, Magna also offers multimedia depositions. This means that trial exhibits can be displayed directly to the deposed while they’re offering a statement.
On top of all of this, the multimedia advancements utilized by Magna allow witnesses to annotate exhibits as they’re being deposed. This can turn into a powerful tool later at trial when the court sees the witness writing their own words via touchscreen monitors in relation to the exhibit at hand. And if this wasn’t enough, just imagine how powerful these multimedia tools can be in the hands of expert witnesses.
Video Deposition Is the Right Move
After utilizing video deposition services, it’s highly unlikely that you’ll ever want to switch back to paper and ink. Benefits, which range from pretrial to closing arguments, are just too numerous to overlook. Make sure you find a court reporter who offers video depositions in addition to the other tools you’d expect from a professional legal service agency.
For full-service court reporting services that provide video depositions, contact Magna today.
Read More About Legal Video Services
5 Legal Responsibilities Beyond Your Pay Grade
As an attorney, your time is best spent interviewing witnesses, gathering vital evidence and planning strategic arguments to give your client the best possible representation. Your methods will in large part determine whether your client receives the desired outcome.
However, trials are not won or lost on legal minds alone. Many factors, including those that influence juries, are crucial to master in order to get the verdict you want. To make that happen, ensure you have these five areas covered — and consider obtaining an outside jury consulting service with the right expertise to take care of them for you.
1. Courtroom Reporter
Trial transcripts are essential tools for legal proceedings, especially those that go on to appellate court. As a lawyer, your job is not to transcribe the entire trial, but that document is key to future witnesses or arguments you make.
Specifically, a transcript is where you’ll memorialize issues for appeal due to the activities of the judge, jury or opposing counsel. At all levels, a transcript provides accounts of witnesses’ testimonial of crucial events, which you can use to bolster your cross-examination.
If you want to get help from the best, our court reporter are here to help.
2. Jury Surveillance
Ultimately, your client’s fate is in the hands of the jury. At every stage of the trial, from jury selection to closing arguments, you must keep their impressions of your case in mind.
Before the case even begins, you should do your best to select jurors who are most likely to see the case from your client’s perspective.
In order to choose the best jury, you should review their social media activity. This can provide insight into political or social biases that may prevent them from seeing your client’s case in the best light. Social media can also give a window into a juror’s points of view, allowing you to tailor your arguments in ways they will best understand.
Monitoring the social media feeds of jurors takes time that you just don’t have in your packed schedule. It also takes a certain amount of web savvy to successfully complete. Instead of taking it on yourself, consider hiring an outside jury consultation firm to monitor jury social media activity.
3. Trial Graphic Creation
Graphics are another important way you get your argument across to jurors. The right use of visual communication tools can simplify complex issues and help jurors zero in on what’s at stake. If jurors don’t understand your graphics, they miss a large part of your argument.
Surprisingly, it’s the little things that make your graphics hard to read, and the last thing you want is for jurors to feel frustration. Every member of the jury is essential to a successful verdict, and your case may turn on quality graphics, so small font sizes, too much detail or other factors can cost you.
Since you are a lawyer and not a graphic artist, you may want to hire an outside firm to take on the task. Come explore our trial graphics services.
4. Record Retrieval
Gathering records often comes with hassles, including fees to access records charged by hospitals and other institutions. As a lawyer, you may have additional concerns about the security of such records, especially when they involve your client. This is one task you can easily outsource to a company that has the resources and expertise to get the job done.
Magna, for example, has staff across the country to get the records you need for your case. The company provides record retrieval services not only in major cities, but in every ZIP code across the United States. That means Magna can acquire records from anywhere.
Learn more about our record collection services today.
5. Translation Services
Documents may come to you in a different language. It may be challenging and time-consuming for you to translate them to assess relevance, especially when a crucial legal point may rest on a small detail. Even if you speak a language fluently, you may want to offload the translation job to a team of trained experts.
At Magna, our linguists are fluent in countless languages. After their translations are complete, we certify them, so you receive additional assurance about their quality. In short, our translation and interpretation services simplify your working life so that you can focus on the other strategic issues.
Learn more about our legal translation services today.
Get in Touch for More Information
Teamwork is at the heart of a successful legal case. While you and your legal staff focus on the arguments that will bolster your client’s case, you can hire qualified individuals to perform other important tasks. You will be able to give your best legal work to your client while making sure no essential pieces of your case are missing.
Come explore our other jury consulting and discovery services, and request a free quote today.
How Jury Shadowing Can Solidify Your Victory
Empaneling a shadow jury is an effective method of providing your legal team with real-time feedback on the reactions of the actual jury. A shadow jury is a group of people whose personal characteristics match those of the real jurors on a case as closely as possible. This matching goes beyond mere objective demographics. Through a questioning process similar to voir dire, organizers select shadow jurors for their life experiences, attitudes and opinions that reflect those of specific jury members. The shadow jury attends every day of the trial, hearing the same arguments and seeing the same evidence as the real jury. At the end of each day, the jury consultant debriefs the shadow jurors to find out their reactions to that day’s trial proceedings, and they deliver that information to your team. Based on these ongoing responses, your team may adjust the emphasis, method or framing of your case. The following four points show the key benefits that a shadow jury can offer you:
1. Pinpoint Strengths and Weaknesses in Your Case
Even with the best planning, it’s not always possible to predict how jurors will react to the unfolding of a court case. The opposition presents witnesses that antagonize the jurors against your client, and you may find yourself scrutinizing the jury’s body language to glean what they’re thinking. Shadow juries are able to explicitly convey their responses to you, via the jury consultant, so you aren’t left guessing about the effects of the day’s proceedings. They help your team pinpoint areas that need more explanation or focus your presentation to make it more persuasive. Jury shadowing gives you a new interactive agility, tracking where your jurors’ sympathies lie on a daily basis. The American Bar Association’s Litigation News features an example of using a shadow jury, and points out, “Although the trial team did not know exactly what the real jury was thinking, they were able to make meaningful inferences from the shadow jurors’ reactions to the trial.”
2. Identify Strong Juror Opinions
Using a shadow jury helps you recognize which jurors remain undecided, as well as which ones have settled on a strong opinion early in the trial and are inclined to ignore further evidence. A good way to ensure that shadow jurors are not just telling you what they think you want to hear is to keep the shadow jury “blind.” (In other words, they don’t know which side hired them.) This practice enables your jury consultant to receive unvarnished opinions from the shadow jurors, and to recommend specific trial strategies to you based on each day’s feedback. For example, if you are working to defend a client and your shadow jury finds the plaintiff’s witnesses highly convincing, that may give weight to your recommendation that your client settle the case.
3. Keep an Objective Perspective on the Case Status
You are saturated with the facts of your case, and you may be so focused on presenting those facts in a certain light that you lose sight of how your arguments are perceived by the jury. Sharing a body of information in a coherent, persuasive manner can be surprisingly difficult, and has many hazards: You may inadvertently skip important explanations, because you assume your listeners already understand the underlying concept. Or, you might engage in a lengthy recital of details which seem relevant to you, but which are so dense that the jury loses the thread of your argument. A shadow jury will be able to give you feedback on what they understand, helping you fine-tune your delivery of information.
The jury consultant adds another layer of perspective, as he or she distills and condenses the shadow jury’s responses. With this expert assistance, you are provided with an actionable set of recommendations regarding the shaping of your argument, and your time is used effectively. The use of this type of intermediary also allows the shadow jurors to express their unvarnished opinions of each attorney’s presentations, and this provides you with valuable feedback. In some cases, jury consultants even bring shadow juries together to “deliberate” before your closing arguments, so that you can have a preview of actual jury deliberations.
4. Recognize the Emotional Cues that Resonate
Every juror (and every shadow juror) comes to the trial with their own emotional baggage. This creates a set of filters that influences how these individuals hear and understand the arguments you give. When you have daily feedback from your shadow jury, it’s easy to recognize when you’ve succeeded in eliciting emotions that will cause the actual jury to be sympathetic to your case. Other essential emotional cues concern the jury’s reaction to the personality of your witnesses and experts. For example, you may find that jurors have a negative response to an expert witness whom you’ve hired, and you may decide to minimize that witness’s time on the stand. Visual cues and graphic images also pack a strong emotional punch, and your shadow jury’s response may cause you to fine tune your use of these exhibits in upcoming sessions.
Shadow juries provide the closest insight you can get into the crucial “black box” of the actual jury. Using this valuable research tool can help you to shape your argument, and the feedback from a shadow jury may also be invaluable in persuading your client that a particular course of action will be in their best interest. Learn more about our jury consulting services and contact us today for a free quote.
4 Secrets to Ensuring Court Reporting Expertise
Legal experts rely on information to make their case. It is therefore essential that all kinds of information, from historical documents to eyewitness accounts, be properly documented. Without proper documentation, lawyers may lose crucial pieces of the evidence puzzle. In addition, discovery that is not properly documented may not be admissible into a court or may introduce mistakes into the evidence analyzed by both sides in litigation.
Given the importance of court reporting, it’s no surprise that individuals who perform this work take their jobs seriously. Like any profession, however, court reporting firms and their personnel fall on all points of the spectrum of expertise. To make sure that your legal team gets the benefit of premier court reporting, to safeguard the strength of your case and protect your clients’ interests, ask these four questions before contracting for services.
Do They Use the Latest Technology?
Court reporting has evolved significantly over the past three decades. Expert reporters have remained up-to-date on the latest technology and use it to provide expedient, accurate and secure transcripts. While in the early days reporters would take manual shorthand or repeat testimony verbally into a machine, now they make use of digital recordings.
Court reporters may use a variety of high-tech methods. They may monitor and annotate digital recordings and ensure the accuracy of a transcript. Many court reporters do not need to be in the room while testimony is taken, as they stream the proceedings live over an internet connection. These kinds of innovations ensure there is a human being to confirm the content of the transcripts, while relying on the advances of modern technology. When hiring court reporters, you want them to be fast, reliable and accurate.
Are They Part of a Full Service Agency?
Law firms that contract for court reporting services have a full suite of needs. Complex litigation requires not only discovery, but all elements of investigating and building a case. Instead of undertaking a time-consuming and expensive process to find an agency that provides all necessary services, it’s preferable to contract with one company to supply everything you need.
Look for an agency that is not limited to court reporting services. Ask if they also go the extra mile and provide expert service in the areas of record retrieval, courtroom setup services, language translation services, video services and others. Knowing they offer everything you may need means you won’t be left scrambling before a tight court deadline to pull together essential evidence.
Are They a Member of the NCRA?
Dedicated court reporters understand the necessity of properly transcribing the spoken word. As evidence of this commitment, many court reporting firms and individuals are members of the National Court Reporting Association. This association has existed for more than a century and offers education and training programs to ensure members meet the highest standards of the profession.
In addition to high educational and training standards, members of the NCRA adhere to a Code of Professional Ethics. This sets out obligations for ethical conduct toward the public, the bench and the bar. A firm that hires a member of the NCRA, therefore, can rest assured the court reporting has been done in a fair and objective way that both legal counsel and the court can trust.
What Areas Do They Service?
Litigation work happens wherever evidence needs to be gathered. Often, this means lawyers drive many miles into remote areas or have to go to a trial location mandated by the court. Local court reporting services may not have the resources to get where you need them to be, especially on short notice. Even if they are able to fly into town or drive to the site of the deposition or trial, they will likely bill your firm for travel time and accommodation costs.
Ask whether the court reporting service has personnel ready and available within your state and city, so you don’t have to worry about delays. Magna has a broad reach throughout the U.S., so you can rest assured your professional court reporter will be on hand with reasonable notice.
Magna offers clients many benefits apart from its large reserves of professional talent. The firm has experienced people, having been in the industry for a number of years. It has kept pace with changing times in the court reporting industry, using up-to-date software and technology to offer premier services to clients.
Choose the Right Court Reporting Solution
As legal counsel, you have a responsibility to your client to provide the best possible representation. While in-depth legal research and solid arguments are fundamental to making the case for your client, it is also essential that every witness’s testimony is properly documented. In front of a jury or a judge, a case can turn on a single word, and you want to know that evidence has been deposed and recorded in a way that is accurate and objective.
The choice of a court reporting firm is an important one for your firm. With the right services, you can provide your best work to clients who rely on you to safeguard their interests. Learn more about our court reporting services to see if we’re the right solution for you.