Modern Jury Research Technology: Online Solutions for Increased Reliability & Convenience

September 2022 • Source: Magna Legal Services

Both modern and traditional jury consulting practices can help attorneys gain insight into how jurors are likely to respond to case facts before entering the courtroom. However, powerful advances in technology make jury research more statistically reliable, easier to conduct and more cost-effective than ever before.

In this article, we’ll break down how modern jury consulting services work and how they may benefit you ahead of your next big trial date. 

Benefits of Using Modern Jury Consulting Technology

Advanced technology in jury research increases the reliability and understanding associated with potential juror decisions. 

These solutions offer huge benefits when dealing with complex, high-value cases, so it is imperative attorneys understand every tool at their disposal. 

Benefits include:

• Larger data pools
• Increased statistical reliability
• Robust findings
• Convenient & time-efficient sessions
• Quick turnaround of analysis
• Cost-effective
• Real-time polling
• & more

Advanced Data Analysis with Modern Jury Research Solutions

With modern jury research, attorneys are able to access larger pools of data for analysis with increased convenience and efficiency.

This benefits legal teams looking to:

• Gauge a reliable range of potential damages if the case went to a jury trial
• Test themes, storylines & venue climate in order to prepare the most effective trial strategy
• Use jurors’ social media & online activity backgrounds to discover potential biases & past experiences during jury selection and throughout the trial

A standard trial jury comprises individuals with diverse backgrounds and views, most without legal expertise. As such, they can be unpredictable. Technical consulting solutions provide a wide range of insights at every stage of the trial process. 

Online Tools for Reliable Jury Research

There are several solutions that offer powerful insight into potential jury outcomes ahead of an important trial date:

Online Focus Groups & Mock Trials with JuryConfirm

Featuring Evidence Analyzer Powered by AI

JuryConfirm is a highly comprehensive virtual jury research platform. Attorneys present their cases to jurors in their trial venue. Jurors then deliberate at length in the virtual courtroom, displaying their video feeds to preserve the ability to read emotions & body language. The Evidence Analyzer uses AI technology to assess juror reactions and provide related insights on your case presentation. 

Evidence Analyzer Powered by AI
Automatically takes notes & monitors jurors reactions & feedback to the presentations

Live Attorney Presentations with Limitless Capabilities
Display & annotate exhibits, videos & other visual aids in real-time

Simulated Courtroom Environment
Interactive juror profiles & live video feed of juror deliberations and attorney presentations

Real-Time Results
Fully customized questionnaires, polling & presentation feedback

Detailed Reporting
Featuring strategic recommendations and key take-aways

This comprehensive, technologically advanced framework provides all the benefits of both remote and in-person mock trials. 

Damages Assessment with JuryEvaluator

Magna’s patent-pending case valuation tool, JuryEvaluator®, offers a scientific and statistically significant damages assessment for your actual case from your actual jury pool.

This research considers the effect of current media climate to provide insight into your case risk, exposure & value.

• Research conducted in your case venue using your actual case facts
• Research captures present-day surrogate juror attitudes and biases
• Statistical analyses provide a reliable range of potential damages if the case went to a jury trial (economic, non-economic & punitive)

Damages Assessment Report includes:

• Methodology & Respondent Demographics
• Juror Questionnaire Responses
• Jury Simulation Data Analyses: Traditional & Pro-Plaintiff
• Case Script
• Juror Open-Ended Responses & Analysis with Key Takeaways
• Damages Analysis & Allocation of Fault

Social Media Surveillance for Jurors with JuryScout

Interpret a juror’s or potential juror’s online activity to discover any past experiences or biases which can affect their perception of your case with JuryScout.

JuryScout uses include:

• Jury Selection:
  As courts are limiting access to jurors during jury selection, online activity reports can provide additional information to show past experiences, political and religious affiliations & more.
• Predicting Juror Behavior:
  By creating a personalized matrix of information for each potential juror, JuryScout provides insight into whether a juror has attributes that lead to bias.
• Post-Verdict:
  Here’s an example: Following an unfavorable verdict on a high-profile case, JuryScout found cached information which located four jurors who violated the court’s instructions. Counsel was able to use this information as part of the appeal.

Which Jury Consulting Method is Right for Your Case?

Be confident in knowing how a jury is likely to approach your case.

Magna Legal Services offers a full array
of litigation consulting services, including risk assessment & strategic recommendations.

Our experienced jury consultants use a multi-phase jury research methodology to ensure the statistical reliability and robustness of our findings

Request a free case consultation with Magna today to see how we can assist you in providing the best possible representation for your clients.

Gain Important Case Preparation Time with Strategic Vendor Partnerships

Source: ChoiceLegal

In defense litigation, rapid and thorough records retrieval sets the foundation for good case preparation timely depositions and settlement options. Vendor partners with a national footprint make it seamless for defense firms when gathering employment, medical and education records. This strategic partnership frees time for paralegals and support staff to focus case on the merits of a case rather than the tedious detail of tracking requests and endless follow up phone calls.

When considering records retrieval, look for support partners who are easy to work with, advance custodial fees, offer a simple fee structure and provide document management tools that further increase case preparation efficiencies.

Easy to Work With

A successful relationship between defense firms and their retrieval partner is based on listening to the defense team’s processes and workflow. Most retrieval companies will offer a “self-serve” portal to place orders, however a true partner can take on the admin role for the client and simply receive an email with the request details and handle the order process for your firm. This frees the firm staff for higher value legal tasks.

Custodial Fee Advances

Eliminate the need for check requests and digital payments by choosing a retrieval vendor who advances witness and custodial fees on your behalf. This saves defense staff time and streamlines the final invoice with all services included in a single bill.

Transparent Fee Structure

Add on fees. Hidden fees. Mileage. Postage. The list goes on. Our suggestion? Find that partner who offers a primary pricing model and minimal-to-no add on fees so you know what your firm will be billed at all times.

Document Management Tools

Software tools like optical character readers (OCR) and records chronologies make it simple to pinpoint pre-existing conditions, extent of injury and timeline of treatment. Retrieval partner companies can provide the records in chronological order or provide digital tools for paralegals to search records based on their case criteria.  We also provide Medical Summaries of the records.  Ask us for a sample!

Bonus!

Last, partnering with a retrieval firm that offers IME and Bill Review integrations starts to reduce the number of individual vendors that your team must track and further increases efficiencies for your case preparation.

About Jeffrey Baker

Jeffrey Baker is Senior Vice President of Sales for ChoiceLegal. Jeff is responsible for the ongoing growth and branding on a national scale with the insurance and legal communities. An insurance industry veteran, Jeff has 27 years of experience working with legal companies. Eleven years in executive claims management and sixteen years as a vendor to the insurance and legal market.

About ChoiceLegal

ChoiceLegal is a leading nationwide medical record retrieval provider for defense firms and insurance carriers. As a dedicated partner, ChoiceLegal retrieves all types of medical records insurance defense firms may need and handles every step of the process including order entry, authorization processing, subpoena preparation, and service.

Defense Verdict on Behalf of Church

July 2023 • Source: Righi Fitch Law Group

Righi Fitch prevailed on a motion for summary judgment on behalf of a church against claims of negligence and negligence per se for failing to report an incident of sexual abuse. Plaintiff alleged that her stepfather sexually abused her between the ages of 13 and 17. During these years she was a member and her stepfather was a church leader. The lawsuit alleged that her mother had informed the church pastor and three members of the church leadership of sexual abuse and all four failed to report the sexual abuse pursuant to Arizona’s mandatory reporting statute A.R.S. § 13-3620.

During discovery, Plaintiff admitted the sexual abuse did not take place at the church’s premises or during any church-sponsored events. While she claims that her mother told the church leadership about her stepfather's abuse, Plaintiff admitted that she was not present during any meetings with church elders. Plaintiff’s mother admitted under cross-examination that she did not witness any meeting with the church elders regarding sexual abuse. She testified that she was seeking a recommendation for a counsel but did not report any incidents between her husband and daughter with the pastor.

The court concluded that there was insufficient evidence to support the plaintiff’s claim that the church had notice of the abuse and, therefore, had no duty to report under ARX 13-3620. The court agreed with Beth Fitch’s argument that because all claims were predicated on the failure to report, summary judgment should be granted on all claims and the case dismissed.

Sheehy, Ware, Pappas & Grubbs, P.C. Attorney, Kevin S. Niknam, Securs a Triple-Summary Judgement Victory

July 2023 • Source: Sheehy, Ware, Pappas & Grubbs, P.C. 

Kevin S. Niknam represented three separate corporate entities in a premises liability suit involving a total of five named defendants. The lawsuit was filed by personal injury firm The Carlson Law Firm. The incident arose out of a slip-in-fall at a China Bowl Café restaurant in Pflugerville, Texas. Plaintiff claimed to have suffered severe injuries after allegedly slipping on a liquid substance inside the restaurant. Plaintiff was a patron at the time and thus the invitee standard of premises liability applied. Plaintiff alleged negligence, negligence per se and asserted violations of the Americans with Disabilities Act and the Texas Health and Safety Code.

The entities Mr. Niknam represented were the landowner, property management company and the conglomerate that held the insurance policy. After over a year of discovery, consisting of eight depositions and numerous rounds of requests for production, Mr. Niknam filed Traditional and No-Evidence Motions for Summary Judgement on behalf of all three entities. He successfully argued that his clients owed no duties to Plaintiff and had not violated the ADA or THSC. The judge found Plaintiff’s claims had no merit and granted all three motions.

The motions were heard before former appellate judge, the Honorable Judge Scott Fields, 368th Judicial District, Williams County, Texas.