Feature Article: Understanding and Appealing to Your Jury in Complex Litigation
	Litigation Minute: Benefits of a Transcript Management Tool
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Feature Article: Understanding and Appealing to Your Jury in Complex Litigation

In these economic times, litigation teams must employ effective solutions in a manner that is cost effective. In cases involving complex litigation, there are two particular areas that provide a high return on investment: visual presentation technology and jury consulting services. These services are relatively inexpensive when compared against the competitive advantage they can offer your client.

Visual Presentation Technology
In today's society, where visual stimulation is everywhere—from our pockets, to billboards and classrooms—visuals can be used in the courtroom to appeal to the modern jury. Due to the increase in "grab and go media," jurors have come to expect visual presentations that explain the facts and issues in a clear and concise manner. The so called "sitcom" generation expects to learn what they need to know in 30 minutes or less. However, the trials involve complex issues of fact and law, often concerning new and unfamiliar concepts, which can easily overload a typical juror. Especially in complex litigation, where the facts and issues are multifaceted, the use of technology allows the story to slowly develop.

There are multiple benefits to using visual presentations to appeal to your jury. The first benefit concerns information retention. Studies show that people generally retain 60 percent more information when it is presented to them both visually and orally, as opposed to purely orally. This 60 percent increase clearly defines the role visual depictions have in comprehension and overall persuasion.

A second benefit is reiteration. People tend to learn in different ways. A visual presentation should not replace your oral presentation; rather, it should supplement important facts and themes in the case. While one person may prefer an audio lesson, others may learn better from visual information. Therefore, presenting the same information in different ways (i.e., audio and oral) will reach jurors who have different learning styles.

A third benefit to visual presentations is a reduction in trial time. It is estimated that visual presentations and the use of technology cut trial time by 25 to 50 percent. This is likely caused by an increase in advanced preparation and the corresponding decrease in misplaced and unorganized documents. In today's economic climate, a decrease in trial time can lead to a welcomed decrease in trial expenses.

The fourth benefit relates to the persuasiveness of your argument. Jurors are most persuaded by concepts they understand and can explain to others. Presenting information in "chunks" through a visual presentation allows one to build upon a solid foundation of knowledge, at the same time allowing the jurors to absorb the facts and themes. An educated jury that understands the issues is more likely to find in your favor.

An additional benefit of visual presentations is organization. Ninety percent of jurors recently polled believe that an attorney who uses technology and visual depictions is more organized and professional. Jurors like to feel as if the attorney is respectful of their time and thoughtful of the fact that they are being pulled from their normal daily lives. Therefore, using one media to present various forms of evidence may help establish a perception and appreciation of efficiency.

In addition to using technology and visual presentations to appeal to your jury, understanding your jury is equally important for effective persuasion. To gain a better understanding of both the jury pool and your particular jury, the experiences and expertise of a jury consultant can be leveraged at many points during discovery, settlement or mediation, trial preparation, or at the trial itself.

Jury Consulting
There are three main categories of jury consulting services to consider. Each of these types of services should be thought of as tools in the toolbox that can be pulled out when appropriate. The first tool commonly used by jury consultants is jury research. Jury research can provide insight into the strengths and weaknesses of your case as well as those of the opposing side. Jury research generally entails gathering a certain number of jury-eligible, demographically-matched people in the venue, presenting an abbreviated version of the case to them and getting their feedback through questionnaires, deliberations and/or question-and-answer sessions. What is included in the presentations is dependent on the complexity of the case, the issues counsel would like to test and the budget. If done early enough, jury research can be a helpful tool in identifying critical issues and focusing how to spend your time and resources during discovery. For example, you may not need to depose a certain witness or identify an expert if jurors do not think their testimony would be useful. Additionally, jury research can be conducted to assess the value of your case or the potential risk to your client. This information may be invaluable to your legal team when deciding whether to settle the case, and for how much, or prepare for trial.

A second tool is the survey. A survey can be conducted via telephone, online or a combination of the two. Community members matched to the jury eligibility requirements and demographics of the venue are asked a series of predetermined questions designed to assess community attitudes or experiences, community bias, exposure to pre-trial publicity or attitudes toward litigants. They both have advantages and disadvantages. Some issues to consider when deciding which type of survey to do are the age of the venue population; the prevalence of cellular phones, home computers, and high-speed Internet access in the venue; the length of the survey; whether you would like feedback on lengthy case information; and budget. Finally, consider your ability to verify the source of your information. For example, it is easier to verify age and gender during telephone surveys than with online surveys.

A third tool often employed by trial consultants is hourly consulting services. Hourly consulting services can cover a wide array of topics including, but not limited to, discussing various case strategy issues (e.g., which expert should testify, whether or not to request bifurcation and witness order), developing jury selection strategy and assisting with jury selection, assistance with developing opening statements and closing arguments, and witness preparation. The jury consultant�s education and experience places them in a unique position to help you understand the members of your jury and the issues they will find most important.

In conclusion, the most successful litigation teams are those who understand their decision makers and support their arguments with powerful evidence. For your next case, be sure to consider the medium that is most effective for presenting your argument. Additionally, consider the multiple ways a jury consultant can be leveraged to gain a better understanding of how your case will be received, and therefore a better likelihood of victory.

Special thanks to Dr. Leslie Ellis and Tessa Eckholm for their contribution in writing this article. Dr. Leslie Ellis is a Kroll Ontrack/TrialGraphix jury consultant specializing in consulting on complex civil litigation and criminal prosecutions. She can be reached at lellis@trialgraphix.com for questions or comments. Tessa Eckholm is a design director for Kroll Ontrack/TrialGraphix where she simplifies complex legal concepts through the use of clear, concise and compelling graphics and demonstrative exhibits. She can be reached at tessa.eckholm@trialgraphix.com for questions or comments.

Litigation Minute: Benefits of a Transcript Management Tool

As any member of a busy litigation team can attest, effectively reviewing and managing the critical case information contained within deposition transcripts can be challenging. Transcript management tools are available and can save your legal team considerable time and money. A robust transcript management tool will allow the litigation team to seamlessly review, annotate and share work product generated in the deposition review process.

When selecting a transcript management solution, there are several key factors worth considering, including:

• Ease of use. In order for a transcript management tool to be most effective, it must be easy to use. In a platform with intuitive functionality, it will be easy to upload transcripts, review them, annotate them and create summaries and reports of the portion of most interest to your team.
• Video synchronization. As is commonly the case these days, transcripts are accompanied by video taken during the deposition. A tool that combines the transcript with the associated video provides for a more detailed analysis of the deposition and assists the legal team in preparing for the use of video at trial.
• Collaboration. An online solution allows the entire legal team to have access to transcripts and associated video concurrently. As a result, team members are able to instantly collaborate without having to depend on an administrator.
• Flexibility. In addition to the basic tool set, there may be features that are critical to how you manage your case; for example, the ability to export information into a report. Look beyond the basics and make sure that the solution you choose is flexible and powerful so that it meets your specific needs.
• Time and cost savings. The features and functions within a transcript management solution help teams develop case themes and understand relationships early on. These tools help teams work more efficiently, saving time and money, as transcript management solutions are typically low cost, high value solutions.

As transcript evidence can make or break your argument, consider using a transcript management tool for your next case.

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Enhanced E-Discovery Certification Course Propels Litigation Teams to New Heights

Given the current economic condition, corporate clients are being forced to cut back legal and IT budgets, while the threat of sanctions due to improper ESI handling continues to rise. Become e-discovery certified to prevent your firm or corporation from becoming the next headline. Kroll Ontrack's 2009 E-Discovery Certification Course is ideal for legal and technical professionals of all levels, especially in-house counsel, law firm attorneys, litigation support professionals, paralegals, IT staff, and members of the judiciary. Upon completion of this program, you will be able to make informed decisions regarding ESI, be prepared to negotiate at the meet and confer and understand the most current e-discovery law. For more information and to register for an upcoming course, visit www.krollontrack.com/certification-courses/.

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This newsletter was written by Regina Jytyla and Joni Shogren, Kroll Ontrack staff attorneys, with assistance from Kelly Kubacki and Meridith Socha, Kroll Ontrack Law Clerks. Ms. Shogren can be contacted by writing to jshogren@krollontrack.com.

For more information about electronic discovery and computer forensics services, contact Kroll Ontrack at 800 347 6105 or visit www.krollontrack.com.