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:
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:**
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.
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.
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. |
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. |
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. |
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.
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. |
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:
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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. |
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.
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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. |
Zoom Studio Supply & Support
| When your hearing, trial, or deposition takes place over Zoom, the facts should be your talking points – not AV issues. So let us bring, set up, and run a complete, temporary “Zoom studio” from your office or conference room.
We’ll identify the ideal space, design the optimal “studio,” supply all the needed equipment (including high-definition, studio-quality cameras, microphones, monitors, and speakers), and get it all up and running. We carefully test every element to mitigate potential technical glitches, and employ a redundant setup for instant switching to a backup system, should a computer failure or technical issue still occur. During presentations, we can assume the role of technical director by running the production switcher with multiple cameras, presenters, document displays, and anything else you need. We can also act as your hot seat operator, calling up your slides, exhibits, and video testimony on cue. All of this maintains your timing, acts as a safeguard against technical problems, and allows your team to adapt to new or unforeseen circumstances without missing a beat. In other words, walk in, argue your case, and leave the rest to us. |
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. |
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. |