subject: What Is Trial Consulting? [print this page] Trial consulting has in the past has been referred as jury consulting and litigation consulting. However, of recent since many cases get settled out of court, people prefer the term trial consulting or litigation consulting as opposed to jury consulting.
Trial consulting basically involves hiring the services of social scientists, communication experts and clinical psychologists as an aid to the main lawyer. Earlier trial consultants were hired for selecting the jury in a trial. Hence the term jury consulting came into use. Trial consulting has been around since several years, but it has gathered speed only in the recent past. You should underestimate the position of a trial consultant. Their fee is almost as much as the lawyer and sometimes even more.
What is the job description of a trial consultant?
Basically the job of a trial consultant involves the following three things.
1. Picking the jury: A trial consultant generally has a bucket list of which all can be possible jurors. They then go through this list to single out those who can understand the dynamics in the case and would be on their side. Selection of right jury members is extremely important.
2. Working with witnesses and evidence: Preparing the witness before examination on the stands is their primary aim. They organize mock trials with the witness to help them get over their nervousness. These mock trials are conducted based on what the actual trial will look like and feel like. It is almost like dress rehearsal before the big day! They take care of the evidences and exhibits which are to be presented in front of the jury. Researching precedents of the case or the situation also forms the part of trial consulting.
3. Deciding on trial strategy: The trial consultant will decide by their experience when to bring which witness or evidence in front of the jury to get the maximum benefit. This helps shape the jurors perception based on research into the jurors. This may also be called as the manipulating of the situations but then it is the job of a trial consultant. More often than not, its not witnesses and evidence but an incompetent trial strategy that loses cases. Their decisions are based on their research and experience form the cases they have gone through throughout their professional life. Since they work in close associations with the attorneys, they have access to all the little tit bit going in the case.
A trial consultant also looks towards the financial aspects of the case. The trial consultants also keep in mind the resources used in the case that is the economics of the case. This will not only save the money but also a lot of time for the client.
What qualifications do you need to be a trial consultant?
A trial consultant should have a basic knowledge of law and he should be an expert in communication or reading the psychologies of people. For instance: a trial revolves around employee harassment at an IT firm. To get into the groove of the case, the trial consultant must have the knowledge of the policies followed in an IT firm along with dealing with the psyche of the employee. It is understood that its not possible to know about all sectors. But that also can be guarded against by thorough research.
On the question of personal attributes, the trial consultant should have a problem solving attitude and the ability to listen and question without inhibitions.
When do you need to engage trial consultants?
The general cases that need the help of a trial consultant are the cases for copyrights, health care or general forgery cases. In fact the list of cases that a trial consult deals is quite large. Trial consultants have been known to deal with oil and gas, infrastructure, government regulations, personal loss to body, reputation or property, gender and racial discrimination, ecological and environmental safety cases, professional malpractice irrespective of profession etc.
What defines the role of trial consultants?
Trial consultants need not always be hired by a law firm. Trial consultants have a team of experienced lawyers and attorneys to ensure best of the services. It is possible for the trial litigation companies to work independently and not be associated with some law firm. IOrdinary people hesitate engaging the law firms they can look for help from the trial consultants and solve their problems . The litigation companies can then refer the lawyers and attorneys keeping the demands in mind.
In case you are going through a legal process, hiring a trial consulting firm can prove to be very helpful for you and your case.
