Many jurors could believe attorneys are riding to the
courthouse by horse and buggy, judging by the antiquated technology some
counsel trot out during trial.
Some lawyers worry technology can intimidate jurors or look
too flashy, especially if it’s clear a corporate client is footing the
bill. But during the past seven years of
juror exit interviews, with literally hundreds of jurors interviewed
post-trial, not a single one has ever complained about excessive technology
use.
Even in the most rural or economically troubled
jurisdictions, television and movies shape juror expectations of what goes on
at trial and the kinds of technology lawyers use. This means that when lawyers use overhead
transparencies rather than TrialMax, jurors believe lawyers are doing their
clients a disservice by trying to advance an old-fashioned, “good ol’ boy”
shtick rather than using tools that will best aid jurors’ understanding of the
case.
Earlier this year, we observed a pair of Midwestern
plaintiff attorneys apologize for not having the defense’s “fancy computers”
and instead use transparencies and enlarged copies of records slapped with
paste onto one of those tri-fold, science fair-style boards. These homespun displays contrasted sharply
with their $20 million demand.
The jurors were not impressed. One told us during an interview last week, “I
haven’t seen transparencies used since I was in kindergarten, which was more
decades ago than I’d like to admit.”
Rather than artificially trying to come across “like us simple folk,”
the juror added, the attorneys should have capitalized on the available
technology and potentially improved perceptions of the merits of their case.
“Every time there was a record to show, the defense could
pull it right up and enlarge it,” the juror told us. “The defense clearly had nothing to hide.”
Rather than resist technology, we strongly suggest using it
to your advantage. Jurors will
appreciate your seamless presentations, and you’ll give your case a
professional edge. And unlike the
attorneys in the aforementioned trial, you won’t have to risk your pride by
tripping over your thicket of posterboards.
To discuss potential ways to use technology during your next
trial, as well as how we can help test your audiovisuals’ effectiveness before
you get to the courtroom using our sister company’s smartphone survey app,
please email us at cluna@juryimpact.net or call 714.754.1010.
Beyond the focus group: Our other
services
Hybrid Process
Although many of you are likely
familiar with our proprietary focus group format, some clients opt for a
“hybrid” approach to combine the interactive aspects of focus groups with the attorney
presentation features of mock trials.
This is a popular research option because the juror discussions reveal
the strongest themes, language and arguments for both sides, and the mock-trial
component of the exercise allows claims managers and attorneys to evaluate and hone
the presentations well before trial.
Online Research
We frequently hear from clients
that they have a tough case coming up,
but the exposure just isn’t high enough to merit focus group research. These same clients are surprised to learn
that for years we’ve been conducting cost-effective online research to provide high-quality
feedback for lower-exposure cases.
By presenting the case facts,
arguments for both sides, and evidence and demonstratives to jurors online, it
not only allows you to gain similar real-time feedback as in a focus group, but
it saves on facility and travel costs.
Notably, this process allows us
to reach a larger pool of respondents than a traditional focus group – with a
minimum of 35 online participants providing written feedback, argument ratings,
witness evaluations, pertinent case questions and language and thematic
suggestions. We conduct individual
interviews with at least 10 percent of respondents to dig deeper and “push back”
to get the same kind of insight you expect from our live focus groups.
Other Services
Jury Impact staff assists with
jury selection and trial monitoring for dozens of trials every year. Our seasoned analysts have the resources and
savvy to provide on-the-spot advice regarding your most and least troubling
jurors as well as how to tailor the defense’s message to the selected jurors.
In addition, with former news
reporters on staff, our exit interview process can provide valuable insight
into the mindsets behind jurors’ verdicts.
These insights can be applied to future cases once you find out what
worked – and what didn’t.
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