Witness Preparation At LSI

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There are few things in life more stressful for a person than the weight of testimony under oath and at the hands of a skillful and unfriendly advocate. Effective witness preparation improves the witness’ ability to respond to questions, control the level of detail in their answers, creates a narrative that is the context of all testimony, reduces the witnesses natural anxiety and self protective reactions, heightens jury perception of their level of likeability, knowledge and credibility, educate the jury on key background issues and show conviction in their responses.

LSI will assess witness presentation for:

  • Effectiveness of testimony (mastery of the case facts and his or her role as witness)
  • Behavioral indications of credibility and confidence
  • Word content to determine clarity of complex issues and determine possible juror interpretations.
  • Subtle messages being received by the listener
  • Body language and/or vocal inflection that is incongruent with testimony.
  • Distracting communications (verbal and non-verbal) that reduce the effectiveness of the intended message,
    e.g., rambling, vocal tension, nervous twitches, poor eye contact, and clearing the throat, etc.
  • Negative emotions (defensiveness, hostility, self-righteousness, fear, arrogance, etc.)
  • Self-destructive motivations (vengeance, expiation of guilt, retaliation, greed, etc.)
  • Any behavior that may unconsciously sabotage his or her credibility

LSI will prepare witness to understand and/or cope with:

  • The stressful environment of the deposition and courtroom
  • Speaking in front of a group
  • The need to take their time and tell the truth
  • Silence and how to avoid the trap of filling that silence during deposition and cross-examination.
  • The unique characteristics of testimony and making a record.
  • The importance of listening to the actual questions posed and to request that poorly formed questions be
    restated prior to giving an answer.
  • Admitting the limits of his or her memory and knowledge and saying, “I don’t know” rather than guessing.
  • Answering questions carefully, briefly, and precisely.
  • Witness individual differences due to culture, ethnicity, religion, social standing, education, etc., that may
    hamper the witness’ ability to convey their testimony to a varied and diverse American jury pool.

LSI will familiarize the witness with:

  • The specific areas of witness knowledge and expertise needed in testimony.
  • The trial context: the courthouse and courtroom environment, opposing counsel’s examination style, the demographic
    profile of the jury, and the personality profile of the judge.
  • A clear understanding of his or her role in the trial and the theme of their testimony.
  • An outline of the jury’s expectations and biases.
  • Features of his or her background that increase credibility and jury panel rapport.
  • Key trial themes.
  • Substantive points of his or her statement for consistent and reliable testimony.
  • Important educational issues and what demonstrative evidence is needed to support testimony.
  • The effective use of exhibits.
December 11, 2008 · Posted in Uncategorized, Witness Preparation  
　　　　

Jury Research At LSI

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Jury Research
LSI’s jury research methods provide a clear view of your case facts, theory and witnesses as seen through the eyes of jury-eligible individuals in jury-like settings. LSI consultants translate the words and stories constructed by mock jurors – describing their impressions, conclusions, preferences and preconceptions – into persuasive narrative themes that ring true and chronicle the meaning, moral and resolution that actual jurors will likely impose on your case content.

The Impression Group
The Impression Group uses a measured, semi-structured unfolding of case facts in a small group setting and is designed to facilitate an exploration of emerging case issues, to assess mock jurors’ reactions to case facts, and to identify the factors that capture their attention and imagination.

Generally this type of jury research is done early in case development. The results give the litigator a first glimpse of the case through the eyes of a typical juror. The purpose of a impression group is to assist in targeting case development, steering discovery, shaping what to cover in depositions and/or ascertaining readily comprehended case themes that may help jurors to decide the case.

The information gathered will inform litigation preparation in several ways:

    •  Choosing expert witnesses
    •  Design of effective exhibits
    •  Clarify additional jury research needs
    •  Identify what issues will be troublesome or will prove to be the strengths in the case
    •  Assessing juror perceptions of the litigants, including key witnesses, lawyers and parties in the case
    •  Testing a few key case issues thought to be problematic.

At minimum, two Impression Groups should be conducted in order to have a basis for comparison and to insure against faulty conclusions drawn from anomalous findings. Sessions are videotaped. Post Impression Group trial team debriefing provides a venue for discussion and analysis of qualitative research results. A report can also be generated to record recommendations gleaned from observations and data evaluation.

The Structured Focus Group
As the name implies, a Structured Group will involve a more pre-scripted and focused presentation of case facts than the Concept Group. The results inform the trial team of the specific reactions of jurors to the more “targeted” case preparation questions. The style in which case facts are presented varies–depending on client preferences, style, and goals. LSI develops the presentation format, in consultation with you, to meet specific case goals. Generally, this type of research is done after the taking of key depositions and the formation of the foundation of your case theory.

One Structured Group format involves presenting a brief, neutral summary of the case followed by a moderated discussion to learn how jury-eligible participants will perceive various facts and features of your case. Another format presents specific case issues, exhibits or testimony (videotapes excerpted from witness deposition) to obtain participants’ opinions through a moderated group discussion. The case presentation can be introduced by an attorney or scripted for presentation by a consultant. Other formats may also be used, depending on the key questions or concerns defining your research needs.

This type of jury research provides descriptive quantitative and qualitative data that LSI analyzes and interprets to assist you in understanding the wealth of information provided by participants via questionnaire feedback and discussion throughout the Structured Group. Recommendations for persuasive case enhancement are made during post group debriefing and/or via written report.

The Mock Trial
Mock Trials are the most formal, scripted and therefore comprehensive of the qualitative methods used for jury research and are typically the dress rehearsal mounted prior to presentation to the triers of fact. A Mock Trial allows for the run-through of voir dire, opening and closing statements, and more comprehensive presentations by both the “plaintiff” and “defense” counsel as portrayed by client attorneys. The case can be presented with live testimony (via actors) or previously recorded witness testimony and demonstrative evidence.

A case-specific questionnaire is used to measure individual participant responses to arguments over time. Questions, which probe specific areas of concern raised by deliberations, are posed during a post-verdict focus group session. Deliberations and focus group discussion are videotaped for review and analysis. Extensive post Mock Trial team debriefing and discussion is facilitated by a report documenting the analysis of qualitative and quantitative data collected. Recommendations for persuasive trial tactics are the centerpiece of this report.

Related Jury Activities
LSI provides the following services. Call us for more information:

    •  Voir Dire construction
    •  Supplemental Juror Questionnaires
    •  Jury Profiling
    •  Jury Selection
    •  Courtroom Observation
    •  Shadow Juries
    •  Post Verdict Jury Debriefing to evaluate your performance,
    to understand jurors’ processing of the facts of your case
    or, to prepare for appeal.
December 11, 2008 · Posted in Jury Research