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Deliberation Analysis is a powerful pre-trial research tool that provides counsel with an empirical basis for assessing overall case theory and the persuasiveness of specific issues and arguments in advance of trial. The research is designed to uncover the most salient plaintiff and defense arguments, expose the facts and issues that jurors distort or ignore altogether, and pinpoint personal experiences that significantly influence jurors' decision making.
Deliberation Analysis begins by recruiting four groups of mock jurors who will be matched to the demographic characteristics of the counties from which the Court selects the venire.
Before hearing anything about the case, jurors recruited for the exercise will complete an extensive questionnaire, designed by LGA Litigation Strategists, that focuses on their preexisting attitudes, knowledge, experience and beliefs related to the case.
After completing the attitudinal questionnaire, jurors will be presented with summaries of the case prepared by the trial team. Presentations may be supplemented with graphics at counsel’s discretion. At pivotal points in the process, jurors fill in questionnaires designed to measure reactions to specific issues that influence their ultimate decision.
After hearing both sides of the case, jurors receive a brief set of instructions and deliberate to a verdict. Deliberations will be videotaped for subsequent analysis. Counsel is invited to observe through a one-way mirror or video monitor.
After the group has reached a verdict, a LGA Litigation Strategists' consultant will conduct a discussion to probe for underlying explanations of the verdict, to clarify arguments that were unclear and to ask additional questions as requested by counsel.
Based on an analysis of questionnaire data and the deliberation process, LGA Litigation Strategists' consultants will pinpoint the key strengths and weaknesses of the case, suggest ways to enhance our client’s case, and inoculate against the most persuasive opposing arguments.
A Deliberation Analysis is often preceded by a Mock Voir Dire, which creates an opportunity for counsel to test their jury selection skills and create Probable Juries in the process.