Trial consulting is the use of social scientists, particularly
psychologist
A psychologist is a professional who practices psychology and studies mental states, perceptual, cognitive, emotional, and social processes and behavior. Their work often involves the experimentation, observation, and explanation, interpretatio ...
s and communication experts, and economists, to aid attorneys in the presentation of a criminal
trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
or civil
lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...
. Modern trial consultants help prepare witnesses, improve arguments and rhetoric, focus group and mock trials, change of venue surveys, and select juries.
Overview
Traditionally
sophisticated jury selection methods were a mainstay of trial consultants, they now "place far less emphasis on jury selection than they did in the past",
and many in the field now prefer the term "trial consulting" to "jury consulting". Since many cases are now
settled
A settler or a colonist is a person who establishes or joins a permanent presence that is separate to existing communities. The entity that a settler establishes is a settlement. A settler is called a pioneer if they are among the first settli ...
out of court or decided by
arbitration
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ...
, some trial consulting firms have diversified to include mock mediation and arbitration sessions. This is also the reason that many jury/trial consultants are now referring to themselves as "litigation consultants".
The traditional mainstays of trial consulting remain important. They include witness preparation, shadow juries, mock trials, focus groups, community attitude surveys, and expert assistance with trial presentation.
References
Further reading
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In fiction
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Bull (2016 TV series)
''Bull'' is an American legal drama television series created by Phil McGraw and Paul Attanasio and starring Michael Weatherly. CBS ordered the pilot to series on May 13, 2016, and ran for six seasons on from September 20, 2016, to May 26, 2022 ...
Legal procedure
Forensic psychology