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

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Thanks to courtroom dramas, the “CSI effect” and Netflix documentaries, there’s often an unrealistic evidentiary expectation in courtrooms. This makes it difficult for the average person to predict jury decisions in the modern world. By using online focus groups, it’s possible to remove some of this uncertainty. These focus groups provide the benefits of analytics in trial prep, and they can help you recognize and correct weaknesses in your legal strategy.

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How Shadow Juries Can Predict a Trial’s Outcome

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When Mark Calzaretta watches a jury, hearing evidence in a high-stakes lawsuit, it isn’t necessarily an impartial panel of citizen peers he sees. Rather, Calzaretta sees 10 human beings with emotional biases that, if studied diligently, can help lawyers predict, with startling accuracy, the outcome of a case, often before it is tried.

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