First Court recently completed jury research projects on a handful of bad faith cases, and developed some insight on how jurors understand and interpret the concept of bad faith. Since this can be a tricky topic for regular people to understand, we’ve shared a few insights on what we learned, and how to effectively communicate the important points to the laypeople in the jury box.
Many trials are won or lost in voir dire, yet it's often cited as the least predictable part of litigation. We want to reduce that risk and help clients win at this critical stage, so we developed a powerful way for you to learn the characteristics of your good and bad jurors, practice your questions with real laypeople in advance, and enter public voir dire knowing every possible bit of information about the people in your jury pool.
How often do you hire an expert knowing most of what they will say, but not how effective it will be in helping you win at trial? If you go into trial without knowing how effective your expert witness is at persuading jurors, you risk not only wasting the money spent on their fees, but also run the much greater risk of getting surprised by an adverse decision at trial.
We recently completed a private jury trial in a major motor vehicle collision, and learned some fascinating lessons about how jurors value less visible injuries such as cognitive impairment.
We have helped thousands of clients win better outcomes in their lawsuits using our Private Jury Trial service over the last three decades. Woven into that success, we have heard two needs from our clients that we cannot meet with an all-day, in-person trial: 1) It's not cost effective for smaller cases, and 2) Because of the cost and time commitment, it's likely they can only do it once in a given case... even as the case evolves and new questions arise.
You pay a premium for expert testimony. Why? To persuade jurors. But do you have any way to know if you are investing in the right expert(s)? There is no single rule to pick the best experts for each case, but we have had the chance to measure the effectiveness of thousands of experts over the years, and have identified a handful of key traits we see in expert witnesses that achieve their desired effect – persuading jurors.
Consider this fact pattern and outcome from a case we recently worked on: Plaintiff rear-ends trailer pulling a large load of logs. I repeat: Plaintiff rear-ends defendant. But the jurors assign most of the blame to the defendant… who was rear-ended.Juror's Feedback:
If a trial team is not doing jury research, they are essentially relying on their intuition and experience to gain the best possible outcome in your case. This approach can get the job done, but does not guarantee the best possible outcome for clients. Jury research is becoming more and more popular, because it helps reduce risk, improve litigation strategy, and ultimately saves money for the person whose money is at stake in the litigation. Some law firms routinely use jury research for all of their cases. Because of its economical and practical benefits, jury research is valuable for all parties involved in litigation.
There's no way around it - Modern jury research requires excellent software. Effective software allows research data to be organized in a useable manner, engages your team in the research process, and enables participants to give candid responses. The software used in jury research should promote honest feedback and help show the weakness and strengthens of your case.
Jurors are the cornerstone of the legal system in America. Thousands of jury trials are held every year in which a group of jurors determine the outcome of the case. In an effort to preserve the integrity of the legal system, no one but the actual jurors are allowed in the deliberation room. Thus, how and why cases get decided is shrouded in mystery.
How can savvy litigators pierce the veil and learn how a jury is likely to decide? Since the 1970s, attorneys have been using jury research to learn how jurors will react to their cases. If used properly, jury research can be a valuable asset for any litigation team. Keep reading to learn how it works!