What is a litigation consultant?
We are consultants hired by attorneys to help evaluate cases and develop trial strategy.
We do this by conducting small group jury research studies in which 30 to 50 people participate in a mock trial or focus group study. The research involves presenting mock jurors with abbreviated evidence and argument summaries along with some key case documents and witness video clips. Throughout a study, the mock jurors fill out questionnaires and participate in group discussions. This helps us measure [jurors'] emotional reactions to the case, their comprehension of technical or scientific evidence and how they may be leaning toward a verdict. We use this jury research to help attorneys discern the strengths and weaknesses of a case, and to build on those strengths and address the weaknesses. We also consult with the attorneys to help them communicate their case in ways that are clear, persuasive and understandable to the jurors.
Another part of my job involves conducting opinion surveys to measure community attitudes and knowledge of a case when attorneys are considering a change of venue for a trial. This could happen if there has been a lot of publicity about a case and the trial team is concerned that community members have strong pre-existing beliefs about the case. This could make it difficult to seat an impartial jury.
The majority of my work is in the civil area, so the cases involve claims relating to issues such as breach of contract, alleged environmental hazards, alleged product defects, intellectual property disputes and class action lawsuits. For example, a worker may claim that he or she was injured by a machine on the job, or consumers may claim that a product was defective or unreasonably dangerous and harmed them.
How do you use your psychology training in your job?
I use my knowledge of research methods to make sure the studies we conduct are methodologically sound and will produce clear and reliable data. I also use my training in data analysis to reveal patterns in the data that relate to particular case themes and evidence and to develop "juror profiles."
I have a background in social psychology, which helps me understand how information load, information complexity, pre-existing attitudes and emotions can influence jurors as they process information and recall details. The way attorneys present a case and the order in which they present it can significantly influence jurors' emotional reactions. For example, it's easier for people to be angry with an impersonal company, but most companies have personal stories behind them. Incorporating a company's personal story into a key case theme can often be an effective trial strategy.
Where did you get the training and experience needed to get this job?
I went to Northwestern University for my graduate training in social psychology. After that, I completed postdoctoral training at the University of Nebraska–Lincoln, which has a distinguished law/psychology program.
I earned a master's of legal studies degree from the University of Nebraska–Lincoln, and a year later I took a job at the Federal Judicial Center in Washington, D.C. One of my projects there looked at the mental health and substance abuse services on American Indian reservations across the United States. My colleagues and I interviewed people on the reservations, substance abuse staff, and tribal judges and leaders to get a comprehensive view of the issues. Our report summarized the findings for federal judges, their staff and the public. I gained valuable field research experience and also developed the skills needed to write for an audience that does not necessarily have a psychology or science background.
How did you find out about your current job?
I met my boss while we were both studying in the psychology/law program at the University of Nebraska. After graduating, he became a lawyer at the law firm of Barnes & Thornburg. He worked on cases in which trial consultants were hired to conduct jury research. He realized he had the education, training and experience to provide that service himself. He founded the firm's trial consulting subsidiary, known as ThemeVision. After a relatively short time, he had so much business that he needed an additional consultant. I started working for ThemeVision in 2005.
What is challenging or difficult about your job?
I am a consultant so the client's timeline is the priority, and my projects are under a much tighter deadline than anything I did in the academic arena. When I get a call from a client, I usually have six to eight weeks to complete a study and prepare a final report. Every study starts with recruiting mock jurors, creating questionnaires and working with the attorneys to condense hundreds of documents into abbreviated case summaries. I conduct studies throughout the United States, so I have to coordinate the logistics from my office in Indianapolis, and then travel to the location to conduct the study. Typically, a final report that summarizes the data and includes trial strategy recommendations is completed within two weeks after the study.
What do you enjoy most?
I really enjoy seeing mock jurors around the country. Nobody gets to see jurors deliberate, and we get to see real people grappling with tough issues and making decisions about real cases. Jurors tend to get a bad rap. You see news stories about juror misconduct, but I believe those jurors are in a distinct minority. The mock jurors I've seen across the country take the task seriously, work hard and care about getting it right.
I am also a data geek, and I love analyzing data. Every case is different and the questionnaires are customized to each case. The analysis always tells a different story. I also enjoy helping the attorneys provide information to jurors in a way that is clear and organized because this allows the jurors to make the best decisions.
Is there anything else readers should know?
If your work applies to some field other than psychology, I think it's important to immerse yourself in that other field. It helps you better understand different viewpoints. Due to my interdisciplinary training, I came to my job with a fuller appreciation of the rules attorneys have to follow and how much work they do before a case goes to trial. My training also helped me talk to attorneys the way they talk to one another. This gets back to the APA theme of giving psychology away. If we can talk to people in their own language, they will be more open to what we have to offer.
— Heather Stringer
