LITIGATION
PSYCHOLOGY
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"…based on our research into educational background, litigation experience and overall expertise of the CSI members, the others could not match the qualifications of the CSI team…"
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William H. Morgan, Adventist Health System
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"[You] impressed us with [your] experience in race discrimination cases, grasp of the issues in our case, as well as [your] decidedly substantive, low key manner in comparison to the aggressive “sales” like approach…"
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Karl Racine, Managing Partner, Venable LLP
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LITIGATION CONSULTING
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Reduce Client Exposure at Trial and
Arbitration
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Litigation Consulting Services Summary
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In the courtroom, preparation is everything. At CSI, our litigation consultants can help you tailor your case to meet the needs of the jury so that you can maximize the odds of a favorable outcome. Our team of social-psychologists and legal experts conduct jury research, train witnesses, and assist litigation attorneys with a variety of trial and arbitration services. CSI will ensure that you have a powerful case strategy reinforced with clear themes and theories that align with the attitudes and beliefs of jurors or the ultimate trier-of-fact.
CSI has extensive capabilities in the following litigation consulting services:
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Litigation Consulting Articles
- Generations X and Y:
Communication in Today’s
Litigation Environment
by Mary Noffsinger, Ph.D.
Generational study explores the distinctions between X, Y, and Baby Boomers as each generation brings unique values, attitudes, and communication styles, with varying receptiveness to persuasion tactics. Influencing the attitudes and decision-making of others is a critical process involved at every phase of the litigation lifecycle – and can be worth considerable monetary value. Thus, understanding different generations provides a foundation for the improvement of communication with individuals of all ages.
- Juror Confirmation Bias: Powerful. Perilous. Preventable.
by Bill Kanasky, Jr., Ph.D.
Confirmation bias is a potentially devastating element of litigation psychology that can affect both jurors and trial attorneys alike. Confirmation bias can prevent jurors from hearing both sides of a case, as it causes them to selectively perceive and recall evidence and testimony presented at trial.
- Winning the Environmental Case: Leveraging Psychological "Baggage" at the Jury Level to Outweigh You Opponent
by George Speckart, Ph.D.
Environmental, or toxic tort cases, involve primitive emotional and subjective issues at the jury level, and gaining a strategic advantage in litigation requires knowledge of where the "land mines" are in the murky domain of jury psychology. Fortunately, over twenty-five years of research using mock jurors and real jurors (e.g., post-trial juror interviews) can be summoned to generate a substantial body of knowledge on how jurors construe claims in these cases, whether beginning discovery, approaching mediation, or standing in front of a jury.
- Slaying the Dragon: Using Psychological Technology to Cut Litigation Costs
by George Speckart, Ph.D.
Conventional management of legal teams leaves the corporate client at the mercy of non-productive litigation efforts that are inefficient from an economic or cost perspective as well as from the standpoint of tactical positioning in the litigation. Application of proven psychological research methodology and its results (psychological technology) in trial preparation produces substantially more cost-effective litigation efforts while simultaneously reducing the potential for large damage awards. Three key content domains are explored: 1) Estimation of exposure for settlement purposes; 2) Witness training; and 3) Discovery activities. Examples are provided that demonstrate the potential for significantly reduced legal costs in conjunction with an improved defense posture in terms of trial preparedness.
- Navigating the Road to a Jury Verdict in Intellectual Property Cases
by George Speckart, Ph.D.
Recent data from mock trials and real trials throughout the country have led to specific conclusions about how jurors problem-solve patent cases. Specifically, it is noted that jurors apply misconceptions and various types of unrealistic expectations to the case fact scenario in order to generate their verdict preferences. Called "misinformation templates" in the present article, these misconceptions and expectations shape how the evidence is construed and quite frequently lead to unexpected, adverse results. Tactical implications are offered that systematically take into account these juror decision-making tendencies in formulating a trial strategy that maximizes the likelihood of a favorable outcome for your client.
- Streetwise Litigation: "Legitimate" Tactics for Operating Outside the Rules
by George Speckart, Ph.D.
Many litigators approach a jury trial well armed for a legal battle, fully stocked with case law, briefs, motions, documents, and exhibits. Once the case reaches the jury, however, they often are faced with a situation that has more in common with a knife fight. The trial lawyer who is best prepared for this reality is likely to be the last person standing when the jury renders its decision.
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