Trial consulting

Trial consulting is the use of social scientists, particularly psychologists and communication experts, and economists, to aid attorneys in the presentation of a criminal trial or civil lawsuit.^[1] Modern trial consultants help prepare witnesses, improve arguments and rhetoric, focus group and mock trials, change of venue surveys, and select juries.^[2]

Overview

Traditionally sophisticated jury selection methods were a mainstay of trial consultants, they now "place far less emphasis on jury selection than they did in the past",^[3] and many in the field now prefer the term "trial consulting" to "jury consulting".^[4] Since many cases are now settled out of court or decided by arbitration, some trial consulting firms have diversified to include mock mediation and arbitration sessions.^[5] This is also the reason that many jury/trial consultants are now referring to themselves as "litigation consultants".^[6]

The traditional mainstays of trial consulting remain important. They include witness preparation, shadow juries, mock trials, focus groups, community attitude surveys, and expert assistance with trial presentation.^[7][8]