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Attorneys:
Marni Becker-Avin
Trial Consulting and Litigation Strategy



The Firm provides Trial Consulting and Litigation Strategy services to trial attorneys and clients, in cases ranging from multi million dollar personal injury cases to employment discrimination cases, real estate transaction cases, class actions involving alleged securities fraud, breach of contract cases, and many more. In addition to providing such services to the Firm's attorneys, our Trial Consultants/Litigation Strategists have worked for many other large law firms and well-known attorneys around Florida. They have have worked on a variety of cases, large and small, civil and criminal, state and federal.

A Trial Consultant/Litigation Strategist offers a wide array of services including but not limited to selecting juries. In fact, a Trial Consultant/Litigation Strategist should be brought into the case during the discovery phase to determine what information is important to procure via depositions or interrogatories etc. Contrary to popular belief, a Trial Consultant/Litigation Strategist is much more than a Jury Selector, but in fact, can and should help with bench trials, arbitrations, and settlements as well.

The following is a brief explanation of some of the services offered by our Trial Consultants/Litigation Strategists:

  1. Change of Venue Studies: Trial Consultant/Litigation Strategist conducts media content analysis and community attitude surveys to gauge what people and leaders in a particular venue and potential jury pool may think about your "hypothetical" case, and how they may decide the case.
  2. Informal Focus groups: Trial Consultant/Litigation Strategist meets with a representative group of potential jurors from a selected venue to discover what is important to potential jurors, how they would decide the case, any analogies or themes that the jurors believes would be helpful, and their reactions to various arguments or problem areas.
  3. In-Depth Focus group: Trial Consultant/Litigation Strategist spends an entire day with representative sample of potential jurors and attorneys are invited to "present their case". The Trial Consultant/Litigation Strategist acts as a facilitator to skew the decision against our client in an effort to determine what issues are important to the jurors and how to strengthen our case. There is a question and answer period, and a deliberation period.
  4. Mock trial: Trial Consultant/Litigation Strategist stages a mock trial that would include witness testimony and demonstrative evidence. The jury will "rate" the witnesses, "evaluate" the attorneys, and discuss the demonstrative evidence tools, in addition to deliberating the underlying argument and deciding the case or amount of damages. This focuses on the big picture rather than problem areas, themes, or what is important to the jurors. As an added service, our practice group offers the additional services of qualified trial attorneys to serve as 'opposing counsel' during Mock Trials to ensure that the process provides the most realistic advanced view of what to expect during the actual trial.
  5. Witness Preparation: Trial Consultant/Litigation Strategist works one-on-one with the witness in order to make him/her more relaxed, likeable to the jurors, believable, and persuasive using various relaxation techniques, practicing cross-exam, working on demeanor and communication skills, and shaping attitude.
  6. Attorney Presentation: Trial Consultant/Litigation Strategist similarly prepares the Trial Attorney on demeanor and attitude, how to conduct voir dire, and how to deliver opening. The attorney rehearses opening/closing statements and key argument, and Trial Consultant/Litigation Strategist will suggest various changes in verbal and facial expressions, and body language that can be used to influence the jury.
  7. Demonstrative Evidence Analysis: Trial Consultant/Litigation Strategist assists trial attorneys with the preparation of visual aides for jury trials. By sifting through all of the pertinent documents and case facts, and by discovering the juror's proclivities, we can recommend what type of demonstrative evidence would be most effective, what charts should be made, what documents should be blown up, and/or if any animations are necessary.
  8. Jury Instructions and Verdict Forms: The instructions, where other than standard instructions are called for, are dictated by the applicable law, but the way these are worded and structured can determine the outcome of your case.
  9. Voir Dire Questions: Many trial experts believe that voir dire and opening statement is where the case is won or lost. Questions are not random. A lot of thought should go into the information sought, both of a general nature, and case specific. The Trial Consultant/Litigation Strategist recommends appropriately worded questions and analogies to help ferret out the underlying attitudes and values of the jury venire.
  10. Jury Selection: The Trial Consultant/Litigation Strategist attends voir dire with trial counsel to evaluate juror responses, body language, attitudes, to assist the attorney in selecting the most favorably disposed jury possible.
  11. Opening Statements: Trial Consultant/Litigation Strategist assists in the preparation of opening/closing statements to properly structure sentences and paragraphs, choose effective words and use appropriate tone to have the most impact. Often, the approach and emphasis of an opening or closing statement can determine how the jury will react, what they will focus on or believe, and predispose them to a particular outcome.
  12. Jury Shadowing: Trial Consultant/Litigation Strategist is an observer in the courtroom during opening, directing/crossing witnesses, and closing to evaluate the jury including what they choose to write down, their facial expressions and body language. This helps predict what is important to them, what they believe, and what the trial attorney needs to go back over and address (make more clear, stress, counteract, or rebut).
  13. Case Strategy: Trial Consultant/Litigation Strategist works closely with the Litigation team and client to develop effective themes, analogies, and questions to demonstrate key arguments and devise plans that will enable us to counteract the problem areas.
  14. Negotiation/Settlement Strategy: The Trial Consultant/Litigation Strategist can recommend a settlement strategy that would encourage the opposition to settle the case before it went to the jury by using the knowledge gained about potential jurors attitudes toward the case in in-depth focus groups and mock trials.
  15. Arbitration/Mediation Strategy: By obtaining some general information about the arbitrator, together with a informal focus group analysis of the pertinent issues, the Trial Consultant/Litigation Strategist can determine how to "argue" the case in the most effective manner. The way we approach an arbitration/mediation is significantly different from that of a trial although this technique is also helpful for bench trials.