Trial Services

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Trial Surveys and Jury Selection Research

We have all heard the old adage that “The verdict is in when the jury is selected”. While perhaps a bit of an overstatement, it does point out the how important the composition of the jury is to the outcome of the trial and, concomitantly, to the reputation of the attorneys.

At Baxter Strategies Incorporated, we recognize the importance of the jury, but believe that trial research should be about a lot more than just picking jurors. As we see it, it is our responsibility to provide you with an in-depth understanding of the jury’s thinking before the trial starts and as your case evolves, thus providing you with the information you need to improve your odds of achieving a successful outcome.

Our research addresses all the variables that can affect the trial process and outcome. Following is a sample of the methodologies we can provide:

Community Attitude Surveys – are especially useful in evaluating an existing jury venue or venire as a whole and assessing issues in change of venue studies, or serial litigation. In these studies, telephone or Web-based surveys collect data from statistically significant samples of respondents representative of the venue in which a case will be heard and measure community awareness of a case as well as pre-trial decisions about guilt or liability.

This research provides insights on characteristics that differentiate plaintiff and defense-oriented jurors. It focuses on demographic, experiential, attitudinal, and personality factors to reveal a venue’s attitudes and beliefs toward specific case issues and provide a reliable juror profile that will assist in the jury selection process and case presentation strategy. This case specific research can also be easily coordinated with your client’s prior market research on corporate and organizational issues. It also can be used to form a comprehensive understanding of how jurors in numerous venues will perceive sequential cases to aid in your handling of these complex situations.

Community attitude studies are often conducted in the face of extensive pretrial publicity to evaluate and provide evidence of the need for a change of venue, or in cases that involve racial issues, to evaluate whether the jury pool is representative of the community and can serve as an aid during a composition challenge.

Jury Research – during the voir dire, it is essential that the attorney be able to identify the individuals most likely to be sympathetic to your case and those most likely to be antagonistic to it. Significant issues that demand preemptive strategies to minimize or eliminate damage.

To assist in this process, pre-trial jury research can be conducted to identify the characteristics of those most positive and negative to your case and this information can later be used to select jurors most likely to be favorably disposed to your point of view.

In addition, uncovering pre-existing attitudes and beliefs among potential jurors will point to the patterns the actual jury will use to form decisions and will provide trial counsel the information they need to create the most effective trial strategy and case presentation. It does this by…

a. Assessing comprehension of key concepts, terms, and facts of the case

b. Assessing juror reaction to graphics and presentation devices used to present the case clearly and persuasively

c. Assessing juror reactions to trial themes, analogies and case issues

d. Developing and refining case themes

e. Developing and refining the opening and/or closing statement

f. Developing and refining voir dire questions

g. Evaluating evidence to be presented

h. Evaluating graphical presentation elements

i. Evaluating variations in case presentation to identify the most effective method to use in trial

j. Identifying additional discovery or evidence that jurors may need to decide the case in your favor

k. Providing feedback on witnesses, parties, and attorney style

l. Providing likely perceptions of the key issues of the case

m. Selecting a jury more predisposed to your point of view

n. Shadow jury panel to assess reaction to case as it unfolds.

o. Post verdict jury interviews

Research modalities can include telephone surveys, Web surveys, in-depth interviews, and focus group research.

Judicial Decision Studies – discover and organize the issues, evidence and legal precedents needed for a bench trial or arbitration. The primary objective in this type of research is to understand how judges evaluate case issues and make decisions as well as how to organize and present information to get the optimal receptivity from a fact finder. Judicial decision studies generally utilize a relatively small sample of retired judges.

Settlement Studies – These studies are undertaken to contrast the effects of litigation against a proposed settlement. These studies can probe into the impact of litigation on an industry, future litigation prospects, strategic considerations and even the formulation of future products, services and contracts for companies or organizations.

Liability/Damages Studies – The objective of these studies is to estimate the range of damages that jurors may award in a case, to assess how they will be calculated, the probability of awards, along with the apportionment and percentages of fault and the issues and testimony upon which these decisions are based.

Trial Simulation Projects – are summary presentations of opening statements, testimony, demonstrative evidence, and closing arguments to mock jurors demographically matched to jurors. During the process, the "jurors" fill out questionnaires for each of the trial phases to monitor the evolution of their impressions and decisions. At the conclusion of the mock trial, the participants deliberate to a verdict. The videotaped deliberations, quantitative questionnaires, and/or focus group sessions provide us with the data for trial strategy recommendations.

Trial simulations help counsel understand the juror’s decision-making process for your particular case. Based on this decision process, we develop effective trial strategies to emphasize case strengths, minimize vulnerabilities, and clarify complex issues. A verdict or risk analysis employs a larger participant (mock juror) group in order to decrease the margin of error in statistical sampling.

Site last updated 11/30/2011

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