By Alexis Knutson My relationship with post trial juror interviews is complicated. On one hand, this service is one of my favorite that we provide as trial consultants. I speak to the jurors when they are fresh from their duty, still buzzing from the excitement of deliberations and ready to talk about the experience they haven’t been allowed to talk about for days, weeks, or even months. On the other hand, there are some aspects of this type of research that can lead to unnecessary frustrations if not handled proactively. Following the five steps below will help to ensure your...

By Daniel Dugan Just when you thought we had gotten past having to explain Gene Hackman’s unethical behavior as a trial consultant in “The Runaway Jury,” “Bull,” the TV show on CBS steps in. Bull tends to espouse two things that real-world trial consultants never do: 1) He says he hates attorneys; 2) He talks about manipulating jurors. #1 is just patently wrong and not worth my time discussing, so let me move on to #2: Maybe I'm just mincing words so I feel good about myself, but let me start with an analogy . . . I am a...

I guess CBS ran out of ideas for shows mischaracterizing lawyers. The latest Hollywood creation-- Bull, airing on CBS Tuesday nights at 9PM – is a show inspired by the former career of Dr. Phil, as a trial consultant, and, his former company, Courtroom Science. He is also an executive producer of the show. Dr. Bull is portrayed as a pontificating, omniscient, charming, cynical puppeteer with magical, mind-reading powers who steals his client’s Rolex and helps police arrest the true murderer in the end. Trial consultants help lawyers put their best case forward in order to obtain a successful outcome...

By Patty Kuehn Much of litigation is designed to identify “the what” or the facts. For a lawyer to describe “the why” or the explanation, requires intention, dedication and sometimes creativity. A party’s motivations matter to the fact-finder even though it is not legally required. The trier of fact is not only an assimilator of facts, but someone who judges the intentions of the parties regardless of whether they are presented. As such, it is imperative for a litigator to uncover possible reasoning and motives to explore the most likely and persuasive account. Facts are important, but “the why” is...