Trial consulting is the use of social scientists, particularlypsychologists and communication experts, and economists, to aid attorneys in the presentation of a criminaltrial or civillawsuit.[1] Modern trial consultants help prepare witnesses, improve arguments and rhetoric, focus group and mock trials, change of venue surveys, and select juries.[2]
Traditionallysophisticated jury selection methods were a mainstay of trial consultants, they now "place far less emphasis on jury selection than they did in the past",[3] and many in the field now prefer the term "trial consulting" to "jury consulting".[4] Since many cases are nowsettled out of court or decided byarbitration, some trial consulting firms have diversified to include mock mediation and arbitration sessions.[5] This is also the reason that many jury/trial consultants are now referring to themselves as "litigation consultants".[6]
The traditional mainstays of trial consulting remain important. They include witness preparation, shadow juries, mock trials, focus groups, community attitude surveys, and expert assistance with trial presentation.[7][8]
^Kressel, Neil J. & Kressel, Dorit F. (2004).Stack and Sway: The New Science of Jury Consulting. Boulder, CO: Westview Press. pp. 86–87.ISBN9780813342412.OCLC55858096.
^Strier, Franklin & Shestowsky, Donna (1999). "Profiling the Profilers: A Study of the Trial Consulting Profession, Its Impact on Trial Justice, and What, if Anything, to Do About It".Wisconsin Law Review. pp. 450–51.
Smith, R. Craig (2006).Championship Law: Seven Keys to Winning Performance in the Courtroom. Victoria, BC: Trafford Publishing.ISBN9781412093729.OCLC72981787.
