about us
We solve the unsolvable. We fix what is broken. We win at trial.
Focus Litigation Consulting has consistently been designated one of the best trial consulting firms in the country. We have a decades-long, proven track record, consulting on some of the largest and most significant litigation in the nation. Our curated team is comprised of the finest trial consultants in the field. We pride ourselves on being the jury consultants that top trial teams turn to when the stakes are high to solve the unsolvable, to fix what is broken, and to win at trial.
A nationally recognized team of trial consultants.
Our strength lies in our people. At the core of our firm is a multidisciplinary team of professionals who understand the art and science of persuasion in the courtroom.
Our team is at the forefront of trial strategy, bringing unmatched expertise, insight, and strategic precision to every case. We are trusted by litigators nationwide for our ability to translate complex human behavior into courtroom advantage. We understand not only the psychological implications of your case, but also its practical and legal nuances. With a foundation in behavioral science and law, and a winning record of success in high-stakes litigation, we are the strategic partners on which top trial teams rely.
Our experience and expertise
Guiding trial teams nationwide across every area of the law.
With decades of experience and a proven track record across all 50 states, our firm has partnered with leading trial teams on complex cases spanning every area of the law. From high-stakes civil litigation to intricate criminal defense, we bring unparalleled expertise in jury research, case strategy, and trial psychology. Our national footprint and multidisciplinary approach allow us to deliver tailored insights that resonate with jurors—wherever your case is tried.
Our Services
Our portfolio of services supports trial teams at every stage of litigation and is tailored to the nuanced demands of each case.
Mock Trials
& Focus Groups
Mock trials and focus groups allow a trial team to test an entire case or specific issues, themes, arguments, witnesses, demonstratives, and/or damages to get precise answers from jury-eligible citizens or judges in the trial venue. These research tools are also highly useful to strengthen negotiating postures and maximize settlement outcomes.
Jury Selection
Jury selection consists of collecting, tracking, and analyzing the response, demeanor, and nonverbal communication of each potential juror, so that the trial team can most effectively recognize and de-select jurors with bias and inappropriate psychological pre-dispositions and obtain the best possible jury panel. Real-time individualized online public records, behavioral, and social media searches on each prospective juror in the venire are also available.
Voir Dire
Preparation
Voir dire preparation consists of determining the juror predispositions and biases that are most detrimental to a case, and then crafting voir dire questions and jury selection strategies to probe, disclose and highlight those juror prejudices and value beliefs regarding the problem areas of a case.
Witness & Attorney Pretrial Preparation
Witness preparation shapes testimonial demeanor, substance, and style so as to allow a witness to project more confidence, poise, persuasiveness and credibility, thereby enhancing jurors’/judges’ perception of and receptivity to that testimony. Attorney preparation consists of mooting openings, closings, and case presentations, and developing narrative strategies to help fine-tune arguments, themes, demonstrative aids, and presentation techniques.
Juror Surveys
and Polls
Juror surveys measure individual and community awareness and predispositions towards case facts, issues, themes and parties. These surveys can be used to determine how bias may affect jurors’ reactions and case results and, in some instances, to collect evidence for possible presentation to a court relevant to the question of whether there is a reasonable likelihood that a fair trial cannot be had in the original trial jurisdiction.
Trial Strategy
Trial strategy consists of a detailed assessment of case facts, legal claims, themes, demonstratives, narratives, and/or witnesses and an identification of the crucial issues and recommended strategies to be used in discovery, briefing, settlement, and trial.
Trial Monitoring
Trial monitoring provides live analysis and feedback enabling a trial team to alter its strategies as the case unfolds, to take advantage the opposition’s weakest positions, and to move quickly toward closure when the scales tip in a trial team’s favor.
Shadow Juries
Shadow juries consist of a jury-replicative panel of citizens from the trial venue observing trial and providing instant feedback. Shadow juries allow a trial team to assess the progress and possible outcome of the case, and determine where real-time refinement, further explanation, and adjustments are needed. Shadow juries aid in the reassessment of cases and in making informed decisions throughout the course of the trial.
Post-Trial Juror
Interviews
Post-trial juror interviews are conducted after a verdict is rendered to discover why and how the jury reached its verdict and how jurors evaluated specific evidence, witnesses, arguments and theories. Post-trial juror interviews also generate insight and strategy for similar cases/future trials and, in some cases, provide pertinent evidence for an appeal.
Our clients
We work with prominent law firms, corporations, and regulatory agencies across the country.
Testimonials
We are trusted by top litigators when outcomes matter most.
Roy Black, Esq.
Black Srebnick
Geri Fischman is a trial consultant all-star. My client hired Geri and her team to conduct a mock trial on a very sensitive legal issue. Geri and her team are committed, polished, and on top of all aspects of the mock trial. Geri’s team adapted to both our firm and the clients’ needs. The mock trial went off without an issue and because of the mock trial, our firm was able to test different theories of the case and see how jurors reacted to case facts to better prepare for trial. Geri’s team always acted in a professional manner. During the mock trial, Geri went over and above to make sure that our attorneys received the reports in real time. And when the mock trial concluded, Geri promptly provided our firm with an extremely detailed report that analyzed every aspect of the presentation. In a world where clients want to receive more than what they have paid for, Geri Fischman provides that.
Jonathan Beckerman, Esq.
Littler Mendelson
My client hired Geri and her team to conduct a mock trial for a tricky whistleblower lawsuit. The report that followed was incredibly detailed and was filled with invaluable information regarding every aspect of the case. It helped us shape our trial theme, determine juror sentiment on thorny issues, and determine which evidence mattered most to a layperson. In fact, the report was so good and my client was so impressed with Geri’s work, we hired Geri to assist us with voir dire at trial. After 5+ years of litigation and a two-week jury trial, it took the jury only an hour-and-a-half to deliver a full defense verdict in my client’s favor. There is no question that this decisive victory was due in large part to Geri’s involvement and contribution. It is not a matter of “if” I will hire Geri again, it is a matter of when.
James J. Mahon, Esq.
Becker & Poliakoff
I recommend Focus Litigation Consulting without hesitation. They are the best in the business! Dr. Fischman and her team provide objectivity and statistical analysis in helping litigators prepare for challenging trials. In conducting mock trials, Dr. Fischman and her team provide detailed analysis and recommendations. This advice is invaluable. The same holds true for jury selection. Dr. Fischman and her team provide insight not available by simply questioning a prospective juror. Their advice in this process cannot be overstated.
Kent Shoemaker, CEO
Lipman Produce
Many thanks for your work on the Bishop case. Winning this case sent a strong message that when we are right, we will fight! The increasing trend of businesses and insurance companies to settle cases, will only increase the number of people who think they can get money when they know they do not deserve it. The work your team did to assist our attorneys at Littler and our management team was instrumental.
In particular, the 36-juror mock trial clearly showed us where our case had opportunities for improvement. The mock also showed the work I needed to do to be able to become more “relatable” to a jury. Your comprehensive written jury research report became instrumental to our trial planning. The supplemental written juror questionnaire used in voir dire gave us a clear understanding of how to elicit key case-related juror biases. And, the witness preparation work you did with me and other members of our team had us ready for trial. From posture to relatable clothing to tone of response…it was all valuable.
Having your team with us for jury selection ensured that we had a jury that was favorable. The fact that, after a two-week trial, they deliberated for less than an hour says it all!
Thanks again for helping us win. It was not easy for me to decide to spend the money, but I would do it again.
FAQ
You’ve got questions. We’ve got answers.
Why hire Focus Litigation Consulting over other firms?
We have decades of experience in trial consulting, jury research, persuasion, and advocacy. Our trial consultants are skilled not only in social science research, communication, psychology, statistical analyses, and visual presentation strategies, but we are also experienced attorneys who have practiced in the courtroom and understand the practical challenges faced by every trial team. We will never make a recommendation that cannot be used because of a rule of evidence or procedure, and we will never speak in psycho-babble or boilerplates. We also employ a collaborative, all-hands approach to every case unlike many firms which allocate certain cases to juror consultants on a contract basis. We pride ourselves in prioritizing each and every case by providing the utmost quality, experience, and transparency.
In which States does Focus Litigation Consulting practice?
Focus Litigation is a national jury consulting firm. We have conducted jury research and trial consulting in all 50 states. We regularly work on civil and criminal cases in both state and federal courts across the nation.
Are mock trials and focus groups valuable in bench trials and for dispute resolution?
Yes. A long line of empirical research as shown unequivocally that judges, mediators and arbitrators – like all humans – are susceptible to cognitive biases such as anchoring, hindsight bias, confirmation bias, and implicit bias. Conducting mock bench trials and mock arbitrations allows a trial team to observe how judicial decision makers reason through evidence, witness testimony, and legal arguments. It also helps a trial team to test case themes, assess case strengths and weaknesses, and prepare clients for testimony at trial.
What is the difference between online and in-person mock trials and focus groups?
Online and in-person jury research is equally beneficial in pretesting a case. Both protocols empanel mock jurors from the venue in which the case is set to be tried. Both protocols are designed to address case concerns and pretrial preparation needs, to explore and assess juror understanding of key case facts, issues, and law, to identify case strengths and weaknesses, to test key exhibits, demonstrative aids, and witnesses, and to identify critical voir dire questions, themes, and case strategies.
However, there are distinctions between online and in-person research to be considered. Online mock trials and focus groups lessens the costs associated with the research (i.e., facility fees, audio-visual costs, juror per diems), but online mock trials and focus groups also limit case attorney presentation time as well as juror deliberation time. This format is less suitable for comprehensive testing of liability and damages; multi-defendant and multi-count claims; document rich cases; and particularly complex matters.
In-person mock trials and focus groups allow for lengthier case presentations and deliberations, providing for a more complete testing of the case. In-person mock trials and focus groups also allow for thorough witness credibility testing and a more complete statistical juror profile of the good and bad types of jurors to empanel. However, there are a greater amount of expenses associated with this type of research.
