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"Your Attitude Surveys were very helpful both in providing ammunition during settlement discussions and providing me with a very quick and economical view of the case from a lay-person's perspective. It definitely helped me to focus on certain issues and juror attitudes that I had not previously focused on. This was critically important in preparing the case for trial and voir dire, and especially in obtaining a great settlement for my client."
Lewis Chimes, Partner, Garrison, Levin-Epstein, Chimes & Richardson, P.C.
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CASE STUDIES
Mock trials and focus groups are not for every case. They are for special cases where you have something significant at stake and some serious doubts. Perhaps your case is mind-numbingly technical, or you are stuck with a key witness who has lied, had an affair with another key witness or is just plain unlikable. Perhaps your client thinks his/her case is ironclad and can't imagine anything less than the best possible outcome. No matter how experienced you are, when it comes to a case with "problem issues," it can be extremely difficult to accurately predict what a jury will do with such a case. And there's no such thing as a "win win" after the jury renders its decision.
The following examples illustrate the practical advantages of having a trial consultant conduct a professional focus-group or mock trial. In a bold rip-off of the "Serenity Prayer," it can be said that mock trials and focus groups grant litigators the power to change what they can; accept what they can't; and the wisdom to know the difference.
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Commercial Litigation
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Breach of Contract: The plaintiff, perceived as the "little guy," loses the mock trial and as a result, takes advantage of a generous settlement.
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Employment Litigation
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"Whistleblower" Demoted: Mock trial helps plaintiff's attorney turn case weaknesses into strengths.
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Product Liability
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Paralysis from workplace injury: Plaintiff's attorney learns that the employer's negligence overshadows manufacturer's negligence. |
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Ignoring trial research can cost you your case 1
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Breach of Contract: Ignoring mock juror criticisms results in $14 million judgment against defendants. |
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Ignoring trial research can cost you your case 2
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Employment Discrimination: Mock jurors alert defendant that it faces significant exposure. |
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Criminal Defense
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Death penalty case: Mock jurors’ surprising attitudes save defendant’s life in a death penalty case. |
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Insurance Bad Faith
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BAD FAITH INSURANCE PRACTICES:
Insurance company accused of bad faith delays in paying a policy: Mock trial shows that settlement offer was plaintiff's best choice.
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