Witness prep by the attorney primarily focuses on legal strategy, reviewing the documents and exhibits of the case, and the logistics of the deposition or trial. Witness Effectiveness Training, conducted by experts trained in psychology, is geared toward ensuring a positive, credible, confident disposition and performance for the witness and to be prepared for aggressive attacks and traps by opposing counsel. Poor witness performance at deposition or trial can dramatically alter the trajectory of the case. A witness who succumbs to a fight-or-flight reaction, is angry, argumentative, curt, dismissive, condescending, etc. or displays negative body language will not be viewed positively by a jury, leading to a potential negative outcome.
Preparing a witness for deposition or trial testimony is a process. Preparation by the attorney on the legal strategy is needed, as well as training from a litigation psychologist on how to handle the emotional, behavioral, and cognitive challenges of testimony. Once the witness has been given the appropriate legal strategy and the psychological training to manage opposing counsel’s tricks and traps, they are ready to testify.
Witnesses should be trained prior to their deposition. Deposition testimony can be seen by the jury and a poor performance at deposition can dramatically compromise counsel’s case, leading to potential nuclear settlements or verdicts. Psychology-based witness effectiveness training is especially important when facing a Reptile (now known as Edge) plaintiff attorney.
Witness Effectiveness Training which focuses on training the witness for cognition, behavior, and emotion, and to avoid plaintiff Reptile (now known as Edge) tactics, can take anywhere from one to three days depending on several factors including the psychological state of the witness, the criticality of the witnesses’ testimony in the case, the complexity of the case, etc. Witness Effectiveness Training for trial may take longer than training for deposition as time must be allowed for training on both direct and cross examination.
For well over a decade, Reptile Theory has been responsible for over $8 billion in settlement and trial verdicts. Reptile (now Edge) attorneys prey upon the natural psychological tendencies of witnesses through a simple but effective questioning process. Their manipulative tactics compromise untrained witnesses. The plaintiff’s bar has aggressively trained attorneys on the Reptile Theory (now Edge) and without proper training, your client could easily fall victim. Our team has pioneered the industry-leading approach to Anti-Reptile/Anti-Edge witness training. The Courtroom Sciences Anti-Reptile/Anit-Edge Witness Effectiveness Training program protects your witness from these potentially lethal attacks.
Settlement and Trial Research
Mock Trials can last one to three days (sometimes more) depending on the goals of the research and other variables including the number of jurors, number of witnesses, location(s), complexity of the case, etc.
Some jury research can be done virtually, however, Courtroom Sciences does not recommend conducting mock trials virtually. One of the primary goals of a mock trial is predictive intelligence. Virtual presentations and deliberations are not able to adequately mimic the real-world of an in-person trial. Therefore, we recommend that mock trials be conducted in-person with a representative jury panel to ensure the data collected is scientifically valid and adheres to the high standards set for our jury research. On the other hand, focus groups can conducted virtually as the goals for a focus group differ from that of a mock trial.
It can be, however, virtual jury research, like in-person research, requires a level of scientific rigor that can only be provided by trained litigation researchers. More important than whether the research is conducted remotely, or in-person is the construction of the data gathering process and analysis. To trust the results, this research must be done by expert litigation research consultants.
Virtual jury research (in this case, focus groups) can provide valuable juror feedback early to litigation teams by identifying themes, issues, and aspects of a case fact scenario that resonate with jurors. Virtual jury research (i.e. focus group) is conducted using secure video technology run by experienced litigation consultants who ensure that research methodologies and results are sound and scientifically valid.
It is most beneficial to engage a Jury Consultant as early in the litigation process as possible. The data and insights that a Jury Consultant can derive via early research provides invaluable information that helps the litigation team make informed decisions about the case.
Criteria for selecting a Jury Consultant should include a thorough investigation of their credentials, experience, and research methodology. Look for Jury Consultants with advanced degrees (Master's or Ph.D.s) in psychology and/or clinical research and check their references.
Each Mock Trial is unique; therefore, prices can range from five to six figures depending on a range of variables including the goals of the research, the length of the Mock Trial, the number of participating jurors, the location/venue, etc. Contact us to discuss the specifics of your case for a relevant quote.
The purpose of conducting jury research, whether a Focus Group or Mock Trial, is to acquire valid data and insights that help the legal team with decision making and to remove conjecture and opinion from that process. The investment of time and dollars into jury research has demonstrated over and over that guessing is not only more expensive than the research, but also far more expensive.
Records and Depositions
CSI can easily conduct depositions via desktop videoconferencing. Our Case Management team coordinates all arrangements and details for your firm. We have technology solutions to manage real-time transcription and paperless exhibit management. Contact our team at firstname.lastname@example.org or 877.784.0004 to learn more.
Court reporting and deposition scheduling services are priced at flat rates. Services based on your needs can include appearance fee, transcript copy, videographer, video editing/copies, remote videoconferencing, interpreters, facilities, live streaming, etc. Please contact our team at email@example.com or 877.784.0004 for specific pricing.
CSI Cortex® is a custom-built software platform available to all CSI clients that allows requesting, tracking, and secure viewing of case documents including third-party records, deposition transcripts, and videos, plus viewing and payment of invoices. CSI Cortex® was designed based on specific feedback from paralegals, legal assistants, and attorneys to meet your specific litigation support needs.
Crisis communications services can include risk assessments, the development of crisis preparedness plans, identification and deployment of rapid response teams, stakeholder engagement, media relations, etc.
Litigation communications are developed for current or potential legal outcomes and can include scenario planning and response materials, social media strategy and content, public communication development, and key witness readiness assessment and training.
A Crisis Consultant provides guidance on protecting a company’s reputation. An experienced crisis consultant is a savvy communications expert who works with a company’s management and litigation team to manage a crisis when it occurs and helps to minimize potential legal issues in the future.
A crisis plan has several parts: risk assessment, scenario planning, message development, spokesperson training, and simulation practice and review. Development of a comprehensive crisis plan requires experienced crisis and communications professionals who understand how to build a plan that meets the specific needs and circumstances of the company, their customers, employees, stakeholders, and the communities they serve.
A social media mob is the term for an increasingly common phenomenon where a single topic or issue spirals out of control, bringing with it negative and unwanted attention. A trained crisis communications team is needed to deal with a social media mob in order to minimize damage to a company’s reputation.