Become a Jury Consultant

Jury consultants, also known as trial consultants or trial scientists, are experts in assisting lawyers in criminal or civil court cases with the selection of the jury and witness preparation. A jury consultant can offer insight into jurors, based on researching the members of the jury pool, as well as their knowledge of human behavior. A consultant also assists in preparing the witnesses for what they can expect during their testimony. Throughout the trial, these consultants also provide the defense lawyer with information regarding juror reactions to testimony as well as the effectiveness of witnesses.

Steps

Researching the Birth of Scientific Jury Selection

1. Use of researching jurors dates back 35 years: In 1972, seven protesters of the Understand the Vietnam War were set to stand trial for conspiracy in Harrisburg, Pennsylvania. Social scientists set out to research who would be the ideal juror for the defense.
   • Before the trial had even begun, polls indicated that 80% of jurors would come back with a guilty verdict.
   • When the jury returned with their verdict, they came back with one minor conviction.
2. Enter the dawn of a whole new industry: Following the outcome of the protester trial, the trial against the insurance companies in the 9/11 World Trade Center attacks shone a bright spot light on jury consultants again. It was a firm of jury consultants who largely helped to influence the outcome of litigation against the insurance companies. They assisted in not only choosing the jury, but also insuring the jury could understand the complicated insurance jargon. This allowed them to make a properly informed and educated decision.
   • Some of the famous jury trials that included the work of jury consultants include O. J. Simpson, Casey Anthony, Jodi Arias and Bill Cosby.

Exploring the Education and the Traits Required

1. Consider university courses. There is no formal program or certification required for a jury consultant. Those firms and companies looking to fill a jury consultant position will tend to favor those holding a degree in law as well as a master's degree or doctorate in the behavioral sciences, such as psychology, criminology or sociology. A bachelor's degree can suffice, but you will be competing with those with a higher degree level.
2. Possess crucial fact-finding and people skills: To excel in the area of jury consulting, one has to be very organized and detail oriented.
   • Skilled researching skills are a crucial component of this line of work. A jury consultant needs to examine views, comments and opinions of the general public found on line or in print, as well as the demographics of the area.
   • Utilize principled people skills. To be a success, a jury consultant needs to be able to investigate on behalf of their client, projecting an amiable and conversational attitude to those they speak with.
   • Precise and articulate oral and written skills are a must.

Explaining the Function of a Jury Consultant

1. Understand the first task of a jury consultant: The first element of a jury consultant's job begins prior to and during jury selection. This phase includes endless hours of research, background checks and interviews, involving the entire jury consultant team.
2. Understand the second task of a jury consultant: The second element takes place in the courtroom, during the trial. The jury consultant watches the jury for their responses to testimony. He or she uses the information gathered during the jury selection phase as well as their skills in reading body language and behavior.
3. Appreciate how both tasks are integral to achieving the ultimate goal: The investigating and research done during the jury selection plays an important role assisting the consultant's ability to read the jury during trial.

Beginning the Jury Selection Process

1. Prepare for Get on a Jury selection: The list of potential jurors are released at the judge's discretion. This can mean a week in advance, a day in advance, or the morning jury selection commences. For obvious reasons, the earlier the list is released, the better for researching potential jurors. There are a few methods that the trial consultant and his team employ in preparation.
   • Look for potential bias of jurors in the jury pool. Bias can be based on age, sex, race, internet activity and personal income or experience. Such information can be obtained through published press interviews, commentaries, and personal data. The trial consultant's team does thorough research potential jurors, allowing for an educated opinion of the jury pool.
   • The consultant's team may prepare what is known as a mock jury (based on the information gathered regarding potential jurors) and hold a mock trial. After the proceedings, the jury participants are surveyed as to the presentation of evidence by each side. This can provide the jury consultant tangible insight into trial strategies and provides the opportunity for the consultant and lawyer to modify or change their approach.
     • This can also be conducted through the use of a focus group. The focus group, as a whole, is asked how they would vote, as well as their view on how each side argued their case.
2. Begin choosing the jury: The jury consultant, will compose a list of questions that the lawyer should ask a prospective juror. Though the questions may seem strange, they are carefully constructed to give insight into the juror. The potential juror's answer will help the consultant decide whether to accept or strike them.
3. Commence voir dire: Voir dire is the term used for the opportunity given the prosecution and defense to examine and question potential jurors. Each side is allowed a designated number of peremptory strikes. (A peremptory strike is defined as the right of the attorney to strike a prospective juror without a reason.) There is no limit for either side in striking for cause, if the potential juror can be proven to have a lack of impartiality.
   • While the jurors are being examined, the consultant watches their facial expressions and body language.
   • Once the jury is chosen, further insight may be gained through researching personal tax and property records, credit checks and personal handwriting samples. Insight may also be acquired during lunch breaks and recesses, by seeing what cliques or alliances are forming, who may be the choice for jury foreman. All of that intel can be important at some point during the trial, though "how" may not be immediately apparent.
4. Formulate your trial strategy: Gain important insight into the facts of the case. While the jury information is being gathered, a few members of the team will also be checking into the basis for the law suit, the important issues and relevant information, as well as potential weaknesses in both sides of the case.

Consulting During the Trial Proceedings

1. Assist with the presentation of the case: Based on the information you gathered about the case and the jury, the jury consultant will have assisted in drafting the lawyer's opening arguments. Focus on the strengths of your case. Together with the trial lawyer, create a theme that puts your client in the best, most positive light. At the same time, draw attention to the weaknesses or flaws in the opposition's case.
2. Tell the client's story: While in some cases it may be prudent to present the case in chronological order, again it is important for the lawyer you are working with to present the case in the way that best reflects the client. Together you should:
   • Realize that the aspects of the case that the lawyers spend the most time presenting is what will be what is foremost in their minds.
   • Present history, so that the jury understands your client's mind frame, at the time of the incident. Give context to the actions of your client and other parties involved.
   • Explain who the people involved in the case are. Describe their involvement carefully. Be brief, but accurate. Make your presentation very clear for the jurors, so they that are not left drawing their own conclusions.
   • Clearly explain the story of the proceedings in the way that you want the jury to visualize the events.
   • Consider what may help you get your point across:
     • Witnesses: Which can help you? Should certain ones be excluded?
     • Visual aids: Are there documents, diagrams, models or PowerPoint presentations that may useful to send your message? Could flip charts or video tapes could be helpful?
3. Choose the best witnesses to testify: The lawyer's presentation of the facts is crucial to winning a trial. Equally as important is presenting relevant witnesses to strengthen your case. As a team, the consultant and the lawyer must ask themselves:
   • When is the best time to present a particular witness, based on the testimony they are providing?
   • Do you have too many witnesses? You do not want to bore the jury with multiple jurors who are all giving the same basic information.
   • Are you concerned about a particular witness' testimony? If you question their effectiveness, even slightly, consider how important their testimony is. Perhaps cutting this witness may be prudent.
4. Prepare your witnesses: Once you have made your choice on witnesses, as a team, you must prepare them for testifying. The witnesses should be prepared for the questions your team will ask them. Get them comfortable with answering, no matter how long the pre-trial preparation takes. As well, you need to prepare them for the questions they may expect from the opposition. Some useful tips to help prepare your witnesses include:
   • Explain their role in the presentation of evidence. This includes why they are qualified to testify, and, if applicable, what visual exhibits can be used to strengthen their testimony.
   • Highlight for them the particular importance their testimony plays in your trial strategy.
   • Video tape the trial prep. Watch it together with your witness and fine tune any aspects of the witness' physical presentation or testimony.
   • Encourage your witness to dress comfortably, breathe deeply, speak in a clear voice, and to sit forward in their chair.
   • Remind your witness to remain clear and calm in their responses to cross examination, even if opposing council appears hostile. This will sit well with the jurors, showing that the witness is there to relate the events that occurred, no matter how they are spoken to.
   • Practice cross-examination. Tell them that you will object to questions raised by the opposition. Explain how they should respond to these objections; to sit there until the judge makes the decision whether or not to allow the question to be asked.
   • Teach the witness to be completely comfortable with a question before answering. If they find a question to be vague or hard to understand, it likely will be for the jury as well. If the witness does not understand, have them ask for the question to be repeated.
   • Encourage your witness to answer in their own words. Jurors want to hear what a witness has to say, and it is more believable if stated in their own words. Do not sound rehearsed.
5. Prepare a strong closing argument: This is the last chance your team will have to talk to the jury, the last chance to focus their attention of the facts of your client's story. Help to create a passionate, sympathetic closing for your client. Also, have the lawyer conclude the story of your client with focus on the jurors that you deem important to winning the case.

Realizing the Employment Potential

1. Expected income based on top job websites: Based on the three top job rated websites, the salary range for a jury consultant is between $44,000 and $60,000.
   • Published information in "thebalance.com", states that the salary range for a jury consultant starts at $44,000 and can go as high as $100,000 in the US. Those with more experience, as well as holding a Ph.D., can make a considerably higher income.
2. Assess the long range employment prospects: The jury consultant field appears to be a lucrative field of study. The outlook for this field tends to show rapid growth over the next ten years.

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