Litigation Consulting and Training

Case Development SkillsCrafting a case for trial that will be understood, accepted, and remembered is the primary objective of all of our consulting and training activities. In addition to our case related consulting services, we conduct training classes on a variety of subjects: effective voir dire and jury selection, deposition techniques, opening statements and thematic story development, and direct and cross examination of fact and expert witnesses.

Voir Dire Preparation and Jury Selection at TrialLitStrat consultants have a successful track record selecting juries for some of the most challenging cases in the country. We work closely with counsel on jury selection before and during trial. Before trial we develop statistical models that are designed to identify the most adverse jurors. Our statistical models are enhanced by our proprietary database containing thousands of jurors we have studied during our patented mock voir dire exercises.

Successful jury selection, however, requires more than a good statistical model. It also requires specific goals and clear questions for oral voir dire that draw out stealth jurors and communicate case themes effectively. Once our goals and questions are clear, we work with counsel to make sure that questioning is approached in a way that creates an open, accepting atmosphere in the courtroom, essential for obtaining the information needed to make effective selection decisions.

Opening Statement DevelopmentLike jury selection, the opening statement is one of the segments of trial that can mean the difference between winning and losing. We work with counsel to develop the case facts into a memorable story highlighting our core themes while anticipating and nullifying the opposition’s. We work with trial counsel on substance and style to improve persuasiveness and credibility.

Witness PreparationWe work alongside counsel to address fact and expert witnesses’ weaknesses. We help counsel organize the testimony into a coherent story with memorable images and supporting exhibits. Using proven communication techniques, we heighten credibility, add retention power to a witness’s testimony, and help witnesses create juror-friendly messages. By assisting counsel and the witness to communicate as a team during the examination, the testimony becomes more engaging, persuasive, and credible for the judge and jury.

Deposition PlanningWe assist counsel in the careful planning of important depositions. We work to ensure that the right questions are asked at the right time, and with the right tone. As important, we teach active listening skills, the basis for formulating the right follow-up questions, without which the deposition will lack depth. Perhaps most important, we help counsel create the right atmosphere in the room so that the deposition becomes a conversation, essential to obtaining the desired information.