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Do virtual mock trials produce valid results?
We have spent over 35 years investigating and making adjustments to the research methodology used in conventional (“live”) mock trials with the objectives of evaluating and maximizing their ability to predict actual trial outcomes (Speckart, 2008, 2010). The fundamental principles underlying these...
George R. Speckart, Ph.D. - Litigation Psychology
— May 2021 — 48 views Exploratory research Focus groups Litigation psychology Mock trials Research


Myth #5: All mock trials are the same
In a prior myth , I dispelled the notion that it is too expensive to use a Litigation Consultant. For my next entry in the  Myths of Litigation Science, I turn my attention toward the decision that clients have to make after deciding to engage a Litigation Consultant – price. This can be a  se...
Steve Wood, Ph.D. - Litigation Psychology
— May 2021 — 108 views Confirmatory research Focus groups Litigation psychology Mock trials Research Scientific method Trial consulting


A closer look at real-time feedback devices
Every so often, a client will ask us about usage of hand-held feedback devices, often called Perception Analyzers or “moment-to-moment” data collection systems, for utilization in jury research projects. Being trained researchers at heart, we have conducted extensive research on these devices and ...
George R. Speckart, Ph.D. - Litigation Psychology
— April 2021 — 121 views Confirmatory research Exploratory research Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Litigation Psychology Podcast #64 - IP litigation
Jonathan Barbee, Attorney with MoloLamken LLP, talks with Dr. Steve Wood about IP litigation. Jonathan has broad Intellectual Property litigation experience working primarily on patent cases, but manages the litigation for trade secret and copyright cases as well. Jonathan and Steve discuss the ap...
CSI - Courtroom Sciences Inc
— April 2021 — 183 views IP / patent Jurors Litigation psychology Mock trials Trial consulting


Is fear of science costing your firm? - part 2
In the first part of this topic , we introduced the role of science and prediction in litigation and an overview of the jury research industry. In part two, we examine the importance of predictive validity and how it is achieved to provide actionable insight. * * *   * * Establishing Qualificati...
George R. Speckart, Ph.D. - Litigation Psychology
— March 2021 — 223 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Is fear of science costing your firm? - part 1
After spending thirty years working with trial teams, the same types of questions seem to continually surface: “How much will a jury award?”  “Will this theme be persuasive?”  “What kinds of jurors will be most receptive to my case?”  Scrutiny of the underlying factual issues underlying these ques...
George R. Speckart, Ph.D. - Litigation Psychology
— March 2021 — 221 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Alternative exploratory research designs in litigation - part 3
In part 1 of this topic , we introduced the concept of alternative formats for Exploratory Research and detailed the specifics of a traditional Focus Group. In part 2 , we described two alternate Focus Group designs: Graphics Research and Juror Profile Research. In this final section, we explain...
George R. Speckart, Ph.D. - Litigation Psychology
— March 2021 — 220 views Exploratory research Focus groups Jurors Litigation psychology Mock trials Presentations Research Scientific method Trial consulting Witness training


Litigation Psychology Podcast #59 - Best practices for large cases
Trial attorneys and partners Thomas Segars & James Weiss from Ellis | Winters join the podcast to talk with Dr. Bill Kanasky about high exposure litigation and their process to approach these cases. Tom and Jamie share the importance of getting started early and the work they do on thinking about ...
CSI - Courtroom Sciences Inc
— March 2021 — 327 views Depositions Jurors Jury consulting Litigation psychology Mock trials Nuclear verdicts Trial consulting Witness training


Alternative exploratory research designs in litigation - part 2
In part 1 of this topic , we introduced the concept of alternative formats for Exploratory Research or “different types of Focus Groups” and detailed the specifics of a traditional Focus Group. In part 2, we describe two alternate Focus Group designs: Graphics Research and Juror Profile Research....
George R. Speckart, Ph.D. - Litigation Psychology
— February 2021 — 242 views Exploratory research Focus groups Litigation psychology Mock trials Research Scientific method Trial consulting


Scientific evaluation of juror damage awards post-COVID
Few individuals would argue that COVID-19’s aftermath has left potential jurors in a heightened state of emotion. Our own research at Courtroom Sciences, Inc. has confirmed these assumptions as well.   This becomes problematic when considering that jurors in a heightened state of emotion have les...
Steve Wood, Ph.D. - Litigation Psychology
— February 2021 — 321 views COVID-19 Jurors Jury consulting Litigation psychology Mock trials Research Trial consulting


Alternative exploratory research designs in litigation - part 1
Pre-trial or “jury research” is sometimes bifurcated into two categories , the first being Exploratory Research – projects designed to initially “see what’s out there,” investigate the substantive terrain of a case, and find out “what sticks” thematically in terms of case arguments, issues, and e...
George R. Speckart, Ph.D. - Litigation Psychology
— February 2021 — 243 views Exploratory research Focus groups Litigation psychology Research Scientific method Trial consulting


Discovery obligations during the pandemic
Having resolved discovery disputes related to the COVID-19 pandemic for almost a year, trial courts have considered myriad creative discovery objections concerning whether and how litigants must present their witnesses for deposition testimony. With increased familiarity and experience resolving w...
Jae Ellis - Courtroom Sciences, Inc.
— February 2021 — 310 views Court reporting COVID-19 Depositions Paralegals


The Litigation Psychology Podcast #56 - Trucking & Covid-19
This episode of The Litigation Psychology Podcast focuses on how the trucking and transportation industry responded to the pandemic and the impressions, attitudes, and beliefs that jurors have toward transportation and trucking companies. Dr. Steve Wood discusses research that CSI has conducted ...
CSI - Courtroom Sciences Inc
— February 2021 — 361 views COVID-19 Jurors Litigation psychology Research Trucking & transportation Witness training


How jurors evaluate cases and determine liability - part 2
In None part 1 of this article , we established the process and decision-making approach that jurors utilize in determining witness credibility and liability, including their evaluation of communications. In part 2, we take a deeper dive into the communications aspect. * * * * * The real “tells...
George R. Speckart, Ph.D. - Litigation Psychology
— February 2021 — 346 views Jurors Jury consulting Litigation psychology Mock trials Scientific method Trial consulting Witness training


How jurors evaluate cases and determine liability - part 1
At trial during the plaintiff’s case for In re  Burlington Northern Inc., 822 F.2d 518 (5 th Cir. 1987), lead defense counsel was viewing videotaped deposition testimony for the first time from one of the key witnesses, a CEO, and founder of one of the defendant companies.  “I nearly fell out of m...
George R. Speckart, Ph.D. - Litigation Psychology
— January 2021 — 450 views Jurors Jury consulting Litigation psychology Mock trials Scientific method Trial consulting Witness training


Defense strategy during the pandemic
The U.S. Census Bureau estimates 37% of Americans experienced symptoms of anxiety or depression during mid-December 2020 ( U.S. Census Bureau, Household Pulse Survey, 2020 ). Defense attorneys returning to the courthouse for trials in coming months will face a jury venire composed of many people ...
Melissa Loberg, Ph.D. & Lorie Sicafuse, Ph.D.
— January 2021 — 493 views COVID-19 Jurors Jury consulting Litigation psychology Research Trial consulting


Litigation trends in 2021 - part 1
If 2020 taught us anything, it is that making predictions about the future is foolhardy. Though the unexpected is likely to be woven into every aspect of our lives and businesses, there often are trends and developments that are worth being aware of and prepared for. Considering that approach, th...
CSI - Courtroom Sciences Inc
— January 2021 — 557 views COVID-19 Depositions Jurors Jury consulting Litigation psychology Mental health Mock trials Research Trial consulting Witness training


The Litigation Psychology Podcast #51 - Attorney demeanor
In this week’s podcast, trial attorneys Paul Motz, Shareholder, Segal McCambridge Singer & Mahoney and Matt Moffett, Partner, Gray, Rust, St. Amand, Moffett & Brieske, LLP, join CSI Litigation Consultants Dr. Steve Wood and Dr. Bill Kanasky to discuss the topic of attorney credibility and attorney...
CSI - Courtroom Sciences Inc
— January 2021 — 561 views Anti-reptile Confirmatory research Depositions Exploratory research Focus groups Insurance defense Jurors Jury consulting Litigation psychology Mock trials Nuclear verdicts Reptile Research Trial consulting Witness training


Jury selection in intellectual property cases - part 2
In part 1 of this topic , we laid the groundwork that two different sets of profile characteristics were needed to reliably identify plaintiff and defendant juror types:   Those who would tend to find (non)infringement and those who would tend to find (in)validity. Part 1 included an analysis of...
George R. Speckart, Ph.D. - Litigation Psychology
— December 2020 — 447 views Jurors Jury consulting Litigation psychology Research Trial consulting Witness training


Jury selection in intellectual property cases - part 1
Introduction In the early days of patent litigation – when real inventors were suing corporations ( Kearns v. Ford Motor Company ) or corporations were suing each other ( Procter & Gamble v. Kimberly Clark , a.k.a “diaper wars” or Dow v. Exxon Chemical ) -- the scientific approach that was taken i...
George R. Speckart, Ph.D. - Litigation Psychology
— December 2020 — 464 views Focus groups Jurors Jury consulting Litigation psychology Research Scientific method