Bookings

It has gotten to the point where if a case is large enough, it's almost malpractice not to use jury consultants.

So state the authors in a new book, titled “Trial Consulting,” by Professors Amy Posey and Lawrence Wrightsman (2005, Oxford Press, $39.95).

This book takes an in-depth look at the primary activities of trial consultants and their efficacy. The co-authors draw on empirical research in law and social science, as well as their own experiences, to examine these primary considerations.

The purpose of the authors in writing the book is to explain the multitude of roles that trial consultants play, to evaluate their effectiveness, and to gauge the ethics of consultants. Their basic view is that trial consultants do many things that extend beyond the public's casual awareness.

A copy of the ethical guidelines by the American Society of Trial Consultants would have been a nice addition in an appendix, since it is referred to frequently. The authors avoid using the restrictive term, jury consultant, and prefer the more comprehensive term, trial consultant.

In chapter two, the authors discuss the distinction between preparing and coaching a witness, and when this line might be blurred. One of my favorite chapters, chapter three, has to do with change-of-venue studies.

Again the authors are evenhanded in discussing the pros and cons of such research. Because of my experience with change-of-venue studies research, I found this chapter to be geared toward the basics so the beginning attorney can easily grasp it.

The next chapter has to do with the effectiveness of opening statements. Most attorneys and consultants agree that the opening takes advantage of the primacy effect.

The first and last two minutes of the opening statement are crucial and should include language that is easily understood and will have a strong emotional impact on jurors. For example, plaintiff attorneys could replace words such as accident with phrases such as “violent crash.”

The trial attorney should also be aware of how he or she describes someone. For example, consider the following: the person is “intelligent, industrious, impulsive, critical, stubborn, and envious.”

A second group of participants received the same exact descriptions except in reverse order, causing the person to be viewed more favorably. How words are ordered has an impact on how people perceive certain individuals and things.

“Trial Consulting” is exceptionally relevant in understanding the perspective of a trial consultant. The book combines realities of trial work with the partnering of trial consulting.

It is practical and easy to read, and will enhance your understanding, attitude and approach to trials. It is best suited for a law school student or any trial attorney handling, or planning to handle, a significant case.

This book is one that will benefit all readers, regardless of their levels of trial sophistication. If you haven't had the opportunity to handle a large case and haven't worked with a trial consultant before, this will be a good first look to get you started.