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In complex litigation, a defendant usually faces the formidable task of explaining the science or technology underlying its position to the jury.
Our procedure for developing, testing and refining the best way to present scientific evidence involves what we call an Interactive Scientific Issue Assessment. This exercise includes the presentation of each side’s science case to several groups of mock jurors, followed by focused panel discussions centered on what the jurors learned, what they found confusing or irrelevant and what suggestions they have for improving the case. Counsel and consultants participate together in asking the jurors questions and responding to their suggestions. The process is filmed for post discussion analysis.
This procedure is often linked to a Deliberation Analysis the next day. When this is the case, the trial team meets after the jurors have been dismissed to discuss changes in the presentations based on what was learned from the discussion with the panel. The presentations are then revised and delivered to different groups the next day in a Deliberation Analysis.