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Jury Consulting as a Trial Preparation Tool . . . Time is of the EssenceApril 2009
It is common for consultants such as Magna to find that attorneys, often at the direction of their clients, wait until a month, two weeks, or even just one week prior to trial before calling for our help with a jury research project, preparation of trial graphics or the trial presentation database. While it is generally feasible to offer that support quickly, the Litigants do not realize any hoped-for cost savings from "holding off" until just before trial.

An old adage reminds us that the "one thing you can never recover. . . is time". This is never more applicable than in litigation. Deadlines constantly loom and too often there arises an "all hands on deck" situation where team members are pulled in to get the project done irrespective of other projects, cases or time constraints.

The principle applies to jury consultants, too. In order to create effective trial graphics the attorney and consultant should use a thoughtful, iterative process, which will lead to not only a better end product but provide you – the attorney – more value in ways generally not thought of. Taking sufficient time to create, modify and even revise graphics which address the central themes of your case provides you a better understanding of your case and helps you identify strengths and weaknesses not otherwise perceived. The consultant's expertise helps you turn complex information into creating memorable, educational and persuasive ideas for jurors.

The short of it is that by waiting untill the last minute, you lose a key component of working with a consultant… strategic value! Historically, our clients have found that by beginning a dialogue with a consultant earlier rather than later, they end up with a better product for less money.

The big question is… When should I bring in a consultant? And the answer is … it depends! There is no single answer to this question, because there are so many variables: the type of case, parties involved, likelihood of an early settlement. And the list goes on. A good rule of thumb holds that earlier is better. Jury consultants act as a second set of eyes. They can be much like the jury in that they are new to the details of the case and may ask questions not thought of before. Having a jury consultant involved before the close of discovery allows you time to obtain information that you might not otherwise be able to gather immediately before trial.

Another common sense reason to bring a consultant on board early involves the risk of conflicts. Waiting until the eve of trial to seek out a litigation consultant might lead to you not being able to retain your first, second or even third choice, if numerous parties are involved.

All in all, the benefits of speaking to a jury consultant greatly outweigh the disadvantages: lower costs, a better product and the value added of the consultant's expertise earlier in the litigation process. Magna Legal Services creates a competitive advantage by providing across-the-board litigation consulting services. Ultimately, our goal is to help you win cases!

written by S. Ross Suter
Litigation Consultant
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Magna Legal Services, LLC
1.866.624.6221
www.MagnaLS.com