Jury Consulting for High-Value Cases

Preventing Nuclear Verdicts with Jury Consulting

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:

  1. Where do we stand?
  2. What are the strengths and weaknesses of our position as well as our adversary’s position?
  3. 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 Preparation

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.

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Modern Jury Research Technology: Online Solutions for Increased Reliability & Convenience

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

Real-Time Results
Fully customized questionnaires, polling & presentation feedback

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.

Request a Complimentary Case Consultation

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Using Social Media Surveillance to Support Your Case

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 [email protected].

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:

Online Jury Research: COVID’s Effect on Juror Perspectives & Damages

How the Pandemic Affects Juror Perspectives
… and how to adjust your litigation strategy accordingly

By conducting a series of nationwide surveys, Magna consultants examined COVID-19’s impact on prospective jurors’ attitudes and beliefs. Let’s look at the facts:

In today’s world, many jurors feel the need to be the “guardians of the community” by forcing companies to change their bad behavior with large damage awards. Litigators and those in the insurance industry refer to these as “reptilian jurors“, who are responsible for the increasing frequency of “nuclear verdicts”.

Our research has shown the below trend in recent juror perspectives:

Factors that drive up verdicts include:

  • Juror Vulnerability, Fear, Volatility, & Polarization
  • Rising Costs & Uncertainty of the Future
  • More Millennials on Juries
  • Bad Testimony or Misidentification of Corporate Representatives
  • Anti-Corporate Bias – “Profits over Safety”
  • Not Setting a Floor or Providing a Low Damages Anchor
  • Not Addressing Key Issues/Themes in Jury Selection/Opening

Now more than ever, it is important to know how juror perspectives changed in your specific venue for your specific case issues.

It’s not a question if the pandemic will affect your cases… it’s a question of how it will affect your cases.

In general, many potential jurors now are more vulnerable – both health-wise and financially – than pre-pandemic, which can make people more plaintiff-friendly. However, depending on the venue, the most vulnerable, most risk-averse (i.e., most plaintiff-friendly) may be less likely to show up for jury duty or to be seated on a jury at present.

Luckily, there are some research tools to give you the current data you need to adjust your litigation strategy.

Test Your Damages
with JuryEvaluator

What is your case worth now? JuryEvaluator offers a scientific and statistically significant damages assessment for your ACTUAL CASE from your ACTUAL JURY POOL. This research will consider the effect of COVID-19 and current media climate, to provide insight into your case risk, exposure and 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)
  • Optional Juror Profiling analysis

Online Focus Groups
with JuryConfirm

How has COVID impacted juror perspectives in your venue? Test your themes, storylines, social climate & more with JuryConfirm, Magna’s patented online focus group platform.

  • Evidence analyzer powered by AI
  • Live attorney presentations with limitless capabilities
  • Simulation of court room environment with interactive avatars and live video feed of jurors and attorneys
  • Live (video) juror deliberations with more panels than ever available before
  • Real-time results: Fully-customized questionnaires, polling & presentation feedback
  • Detailed reports featuring case evaluation, theme development, and jury profi­les

Nationwide COVID-19 Study Results

Magna Legal Services conducted a series of nationwide surveys to assess evolving changes and shifts in juror perceptions in this brave new world.

Study includes 5,000 respondents
& 100+ questions about:

  • Technology
  • Finance
  • Law Enforcement
  • Insurance
  • Life Sciences

Learn about our findings:

  • Halo effect
  • Business Interruption Coverage
  • Reptilian Influence
  • Crisis Fatigue
  • Juror Vulnerability

Complete the form to download your FREE copy of Magna’s COVID Study results >>

Contact our 24/7 Hotline for a FREE Case Consultation: 877.220.1821

or, email us at [email protected], or fill out our contact form

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Analyzing & Monetizing Construction Defect Claims

Virtually all construction or property related decisions should be made with costs in mind. But some people are afraid of math.

Regardless of whether you’re an attorney, insurance professional, property owner, or manager, you need to be able to focus on the “vital few” issues, and virtually ignore the “trivial many.” This means knowing how much things cost – not to the penny, but rather a reasonable approximation. The best place to start, when working to make smart economic decisions, is on the BIG expensive issues. You begin by chopping a project into logical parts, and estimating the cost of those chunks, so you can see the forest AND the trees. The earlier in the process you do this, the better.

Magna Legal Services hosted a webinar on January 27, 2021 (recording below), which featured expert panelists explaining the framework behind analyzing and monetizing construction defect claims.

“There’s a lot of parties involved [in a construction defect case]. You have to understand the structure and you have to speak the language… whether it’s the folks on the ground or in the board room, you have to be able to do both,” said Paul Danner of Goldberg Segalla.

Aileen Schwartz of Hill International, Inc. says she makes sure to bring in experts early on to prevent dragging out litigation. “I’ve had cases that were brought in and there were no damages against us. If there are no damages, there is no case”, she said.

If the case ends up going forward, it’s important that it is not a jury trial, Aileen noted, saying “nobody on a jury wants to listen to your construction defect claim. They’re falling asleep. You really need a judge who knows what you’re talking about to hear the cases.”

Every party wants to get the case settled sooner to avoid costly and timely litigation. Magna’s Scott Horwtiz said “Magna’s jury consultants are getting involved more and more on the early side of things to test theories and test themes to see if a small amount of money up front could take care of all of this”.

When preparing your case, organization is key. Pete Fowler explained the importance of starting with “a discreet list of issues — whether its one issue, or hundreds of issues.” In conjunction with the list of issues, Fowler utilizes “a sensible list of costs associated with each issue, and a sensible list of all the people who might be involved with each of those issues.” “It gets to be this big horrible matrix,” he added.

Watch the full webinar recording below to hear our expert panel break down these complex cases.

This webinar originally aired live on 1.27.2021

Webinar details:

Panelists:
Pete Fowler, Founder, Pete Fowler Construction
Scott Horwitz, Esq., National Director of Graphics Consulting & Trial Presentation, Magna Legal Services
Aileen R. Schwartz, Senior VP, Sr. Corporate Counsel US & Privacy Officer, Hill International, Inc.

Moderated by:
Paul S. Danner, Esq., Partner, Goldberg Segalla

Presented by:
Peter Hecht, Partner & Executive Vice President of Sales, Magna Legal Services

Learn more about utilizing trial graphics & tutorials for complex cases here.

Click here to view a list of more upcoming webinars & conferences.

Why You Should Consider a Jury Consultant

Litigators leave nothing to chance, juries included. While most trial lawyers feel comfortable selecting and working with a jury, a jury consultant is an invaluable addition to your trial team. Magna jury consultants work hand in hand with your trial team to plan, refine, and retool arguments, evidence, and visual communication strategies in order to strengthen your case with the jury.

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Debriefing in Law: Important for Your Future Performance

debriefing in law

Many legal professionals are aware of the importance of doing research before selecting members of a jury. That’s why jury focus groups are so beneficial prior to voir dire preparation. Importantly, it can be just as beneficial talking to jurors after a trial has concluded. Specifically, debriefing jurors after a trial can help both jurors gain closure on a case as well as help lawyers by providing valuable feedback and suggestions that can be utilized in future cases.  Here is how debriefing the jurors works and why it’s can be so important.

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ClaimScout: What You Should Know About Social Media Surveillance

Research is a major part of any lawsuit, as having accurate facts on your side can make or break your case. So it stands to reason that the more information you can find out about a person, the better. When you consider that the vast majority of U.S. adults have a social media account — with 79 percent of internet users being on Facebook alone — it makes sense to look online for information you might not already have. If you don’t have the time or expertise to do this yourself, you can hire a company to perform social media surveillance for you. Here’s how this process works and ways it can benefit you.

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Trial Advice: Improve the Effectiveness of Witness Preparation

improve witness protection

Law firms spend hours doing research long before the average trial or deposition, but one detail that is often missed is witness preparation, an essential element of depositions and trials. After all, the impression a witness makes on the jurors is important, as it can affect their final decision on the case. This is not a good thing when the impression the jurors have is negative. Most witnesses have little or no experience testifying and training. Fortunately, witness preparation is available. This type of training strives to make sure witnesses are properly prepared for trial and deposition testimony. Here’s what you need to know about the importance of witness preparation and how Magna Legal Services can help with it.

Testimony Preparation

A major aspect of preparing witnesses is ensuring they feel ready to testify. At Magna Legal Services, consultants understand the common challenges that witnesses typically deal with before and during the testimony. The goal is to help them overcome these issues by teaching them how to avoid behaviors that may give jurors a negative impression so they feel comfortable and confident as they testify during a case.

This starts with making sure they fully understand the purpose of their testimony, including the context and themes surrounding it. The consultants at Magna Legal Services offer tools and tips to help them answer the cross-examination questions they’ll hear in court. They can also use videotape feedback to show witnesses how to become more effective at getting their message across. This witness preparation training can put them at ease while improving jury perception.

Jury Perception

One of the factors that can have a big impact on the outcome of the trial is jury perception, and this can be influenced in various ways. For example, many jurors focus on the perceived motive of the witness. If they believe the motive for testifying is to simply get the truth out, they’ll look favorably on the witness. However, if they think there’s an ulterior motive, the testimony may actually hurt the case because the jurors have a negative perception of the witness involved. Magna Legal Services can work with witnesses to make sure they come across as credible and confident in their testimony.

Since Magna’s consultants are experts at leveraging jury perceptions, they’re committed to working with witnesses to improve the odds of the jurors seeing them in a positive light. Magna Legal Services has done numerous studies and focus groups to determine which factors can improve jury perception of witnesses, and the consultants know how to train them to ensure they show those positive traits. They’re happy to work with witnesses to correct their behaviors when necessary before the trial or deposition.

Other Advantages of Being an Effective Witness

In general, few people are comfortable getting up in front of people and talking, especially when they have to explain what they saw or heard during a crime. This can be nerve-wracking for anyone, especially those who grasp how much their testimony matters to the case. This is why Magna Legal Services spends so much time and effort preparing witnesses for testimony.

Witness Preperation Sessions

Magna’s consultants can provide witnesses with the tools they need to effectively answer the often aggressive cross-examination questions. They work with witnesses to reduce negative behaviors they might not even know they have, such as talking too fast, mumbling, staring down at the floor, grimacing, shifting their eyes and more. Many people are not aware they have these habits, and even when they are, they don’t realize how the jury judges them as a result.

Overall, the consultants at Magna Legal Services have the knowledge necessary to improve the language, style and general demeanor of witnesses so they are prepared to offer their testimony and improve jury perception along the way. Not only does the training make witnesses more likely to be effective at the trial or deposition, but it also helps them feel more confident before getting in front of the jury. The more prepared and comfortable witnesses feel, the more likely they will help a case. This can put you at ease as you prepare your case for trial, and it can also give some peace of mind to your client and anyone else working on the case with you. Also, Magna can have frank conversations with a witness that the attorney may not feel comfortable having with his own client.

Witness preparation is vital before any trial or deposition, especially when the results hinge on the witness testimony. Receive a complimentary case consultation to see how our consultants can help your case!