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Virtual Services

Our top-class services, performed remotely and with virtual considerations in mind.

Whether out of necessity, logistics, or budget, receiving in-person consulting and support might not be tenable. But you can still obtain reliable, actionable jury research, witness preparation, theme development, graphics development, and presentation technology support remotely.

It’s not new ground for us; we’ve employed remote platform technology with clients and testifying witnesses as applicable for over two decades. Here are all the Virtual Services we offer to put you in the best position for trial or alternative dispute resolution – no matter the circumstances:

 

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Focus Group/Mock Trial

Was your mock trial, focus group, or witness prep indefinitely postponed due to COVID-19? With video and screen-sharing platforms, it isn’t necessary to put all your preparations on pause. Although online jury research has its limitations,* in the absence of alternatives, it can still be a valuable tool for testing your arguments, evidence, and witnesses on jury-eligible residents in your trial jurisdiction. In fact, with many people out of work or working from home, our access to representative mock jurors is unprecedented. You can make the most of these circumstances by conducting virtual mock trials, focus groups, and witness feedback sessions.

LI’s Online Mock Trial platform includes:**

  • Strategy session with senior LI consultants to assist with refining your case themes.
  • Jury feedback, in the form of polling questions and video discussions/deliberations.
    • 24 jurors divided into three groups, or 16 jurors divided into two groups.
    • Immediate viewing of jurors’ leanings and case-specific assessments.
    • Jurors virtually deliberate to a verdict form. Actual videocam of jurors – not avatars.
    • All deliberations are videotaped and transcribed.
  • A “client view” that includes seeing the presenters, presentations, and polling questions.
    • Ability to chat with moderators and to submit questions for consultants to follow up with each jury.
  • Dedicated Platform Tech to ensure jurors are connected and to handle any technical issues.

Remember that while plug-and-play software can be cheaper, it’s not money well spent if the research isn’t executed with jury psychology and social science methodologies in mind. No trial team wants to adopt strategies or make decisions based on unreliable findings; thus, it’s important you and your clients understand the capabilities and limitations of online jury research, and that you have the guidance of professionals like Litigation Insights to execute the process and interpret the results.

* When deciding to use an online format, we can discuss the pros and cons to ensure it is appropriate for your case. 
** While we detail here our Mock Trial protocol, we have all the same capabilities to conduct online focus groups and witness feedback sessions.

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Mock Arbitration/Mediation/Bench Trial

Using surrogate arbitration panelists and retired judges with similar experience profiles to your actual arbitrator, mediator, or judge, we provide insights on what could happen in an alternative dispute resolution setting. While online research has certain limitations,* the feedback you receive, along with our analysis and recommendations, remains a valuable tool for refining your arguments, preparing your witnesses, and adapting your messages to the decision-makers’ point of view. In the case of a mediation, having a deepened understanding of each side’s strengths and vulnerabilities gives you leverage as you communicate your position.

* When deciding to use an online format, we can discuss the pros and cons to ensure it is appropriate for your case. 

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Case Evaluation

When online jury research isn’t an option, you can still benefit from a third-party assessment. Following a deep review of your case documents and depositions, our consultants provide a case evaluation that identifies strengths, weaknesses, and ambiguities from a jury perspective – based on the thousands of mock and real jurors we’ve worked with. We then offer themes and strategies to address any concerns that emerge.

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Theme Development

While themes are best developed through jury research specific to your case facts, our trial consultants have an acute understanding of what themes tend to persuade jurors, having already tested myriad themes and their outcomes through years of jury research and numerous trials across genres of litigation. By providing the trial team with pithy, jury-friendly themes and phrases, as well as recommendations for conveying those themes, we can help jurors understand and retain your case story throughout trial and deliberations.

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Juror Questionnaire and Voir Dire Development

We anticipate courts will be cramming to make up for lost time. When you’re in the midst of preparing for multiple trials at once, you’ll be relieved to have a jury questionnaire and voir dire script already in your back pocket. Litigation Insights offers assistance drafting jury questionnaires and voir dire questions based on the specific issues in your case. With flexible cancellation policies, we can get a jump start on preparing for what may be the most important part of the trial.

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Witness Preparation

Your witnesses help tell your story to the trier of fact, so they need to strike a balance with the power of their voice, body language, and vocabulary to communicate confidence and credibility.

With video-conferencing sessions between the witness, attorney, and communication consultant, your fact witnesses, experts, and corporate representatives can develop thematic messaging and refine their testifying skills – all from the comfort of home.

Our consultants teach witnesses how to deliver testimony that will resonate with decision makers and prepare them for likely lines of questioning. We also prepare them to weave the case themes into their responses so they can help you advance your case story.

  • Special Considerations for Witnesses Giving Virtual Testimony. Not only can we prepare your witnesses virtually, but witnesses themselves are more likely than ever to be giving their testimony via video conference. If this is the case, our experts can also educate witnesses about unique considerations such as:
    • Proper setup, room, and lighting, and the technical aspects of how they come across on webcam
    • Using available computer tools to help explain concepts (slides, virtual whiteboard, etc.)
    • Enhancing and optimizing visual aids for a virtual setting

Expert witnesses in particular must adapt their presentation strategy – incorporating simplified graphics and virtual tools – to ensure they will still be as effective as if they were there to teach the jurors, judge, or arbitrator in person. Some of the normal bells and whistles simply don’t translate when presented in a virtual format.

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Attorney Preparation for Virtual Hearings, ADR, & Trial

We’re all doing a lot more over video conference these days. For attorneys, that can even include virtual hearings, trials, or alternative dispute resolution. In this unfamiliar territory, we’re here to help.

Our communication experts can go over special considerations and strategies regarding how an attorney presents to the court, opposing counsel, witnesses, and jurors, given that he or she will be on camera throughout. This guidance includes:

  • Creating your “set” (proper lighting, sound, positioning, background) at the office and at home
  • Technical walkthrough and training addressing different video conference platforms (layout, screen-sharing, tools, etc.)
  • Gaining awareness of presentation style and subtle behaviors (such as the attorney’s mannerisms when questioning a witness) that may amplified on camera
    • Strategizing an approach that acknowledges the fact that your audience can see you clearly at all times
    • Working with the Court re limiting the faces being shown on screen at a given time

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Settlement Negotiation Training

There’s a wealth of social science research on how people make decisions, especially when it comes to negotiating a price. In an online coaching session with counsel, our consultants share their expertise on the psychological factors affecting settlement negotiations and offer techniques for better leveraging your position. We then engage in mock settlement discussions so that counsel can practice and refine their approach.

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Visual Strategy & Graphics Development

If there was ever a time to heighten your visual game, it’s now. With courts deciding that much of court business can be conducted over video conference, you stand to have way more eyes on you and your presentations.

Presenting for a hearing, trial, mediation, or arbitration equipped with serious, powerful visuals not only increases your ability to persuade decision-makers of the merits of your position, but also communicates to your opponent the strength of your case and your resolve to win it.

From flowcharts, timelines, or document callouts to detailed tutorials, animations, reconstructions, or product comparisons, we can help you plan, craft, and tighten the graphics you need.

  • Support / Brainstorming via Virtual Whiteboard. To get your graphics rolling and determine how best to capture your case themes in a persuasive visual format, we recommend a brainstorming strategy session. Join our graphics team virtually to leverage their years of expertise and experience assisting with similar cases, as we map out an effective visual strategy for your case.Or, contact us as needed for jump-in, jump-out strategy discussions: Have a hearing the next day and realize you need a graphics idea or some fine-tuning? We’re often available to provide guidance on short notice.
  • PowerPoint & Demonstrative Development. Our design experts develop effective demonstratives designed to teach, persuade, and convey your case narrative in a way that decision-makers will absorb and remember. Following a telephone or video conference to discuss the themes of your case, we can prepare any graphics you need to help you tell your case story. Getting a head start on these visuals allows time for any necessary revisions down the road.
  • Optimizing Trial Presentations for Streaming Purposes. If you expect to be presenting your case or your expert witness via remote platform, there are unique considerations to keep in mind. We’ll help you tweak your existing visual presentations to simplify animations and transitions, promote easy and logical navigation through your slides, and more – to avoid awkward moments and ensure it’s as effective over the internet as it would have been in person.

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Video Deposition Editing

Managing volumes of video depositions and transcripts can be overwhelming. Our technology consultants can ease this burden by assisting with video file conversions, editing depositions, synchronizing to programs like Trial Director or Sanction, and loading mountains of information into trial-presentation software. Completing such steps during this hiatus will allow you to move quickly once deadlines and trial dates are reset.

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Hot Seat Operator

With more litigation activity occurring in a virtual setting, the types and frequency of technical hiccups have only increased. Juggling exhibits and demonstratives via video conference while delivering your arguments can quickly become overwhelming – even without a sudden technical issue.

With a senior graphics technician safeguarding your setup and flow from a dedicated Control Room, you’ll be in the best position to persuade key decision-makers.

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ADR Neutral Platform Hosting

If you find yourself taking part in alternative dispute resolution in a virtual or semi-virtual setting, you certainly don’t want technology hindering productive discussions between parties. You also need to ensure private communications with your client or mediator remain just that.

We recommend the use of a neutral, confidential party to facilitate the event: One or more of our experienced case managers can facilitate virtual presentation rooms and private breakout rooms, record sessions, play video presentations, switch controls between presenters, and more – just like at a physical facility.

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How can we assist with your case? Let’s talk.