Services

Witness &
Attorney
Pretrial
Preparation

Clarity, Composure, and Credibility—On the Stand and Under Pressure.

Jurors look for clues on how to judge witnesses and how much weight to accord their testimony. Steadiness, imperturbability, body language, eye-contact, appearance, attire, vocal articulation, reluctance, quarrelsomeness, evasiveness, emotionality, conviction and consistency are just some of the factors jurors consider when evaluating witness credibility, authenticity, and likeability. The presentation-effectiveness of a witness can enhance jurors’ receptivity to facts, claims, and evidence or seriously undermine jurors’ perceptions by misdirecting jurors to focus on the negative characteristics of the witness that emerge under the stress and strain of courtroom testimony or a videotaped deposition.

Focus Litigation Consulting offers a unique and comprehensive witness assessment and preparation program that helps shape witnesses’ presentation and testimony to project more confidence, credibility, poise and persuasiveness. Our consultants come with highly specialized training in advocacy, communications, legal psychology, image consulting, linguistics, and body language analysis, and can quickly spot critical performance deficits and foresee potential performance pitfalls that will be missed by even the most astute attorney.

Additionally, we can help witnesses overcome stage fright or presentation problems to deliver the most effective testimony during deposition or on the stand at trial. We help witnesses project warmer, more positive images that will make them easier to connect with the jury or judge.

Jury Research (i.e. mock trials and focus groups) can also be used as an effective tool to evaluate witness performance and receptivity with mock jurors who will be able to judge the witness within the context of, and in relation to, juror biases, experiences, value beliefs and associations already activated by the case presentations. Witness evaluation can be made a part of a mock trial or focus group protocol. This type of evaluation allows the trial team to select the best witnesses to make the case or identifies the need for further witness preparation and training.

Mock Trial

A simulated courtroom proceeding designed to replicate a real trial. It allows attorneys and trial consultants to test case strategies, witness presentations, and jury arguments before an actual trial. Mock jurors evaluate the evidence and testimony, providing valuable feedback on how a real jury might perceive the case. This process helps refine legal arguments, identify strengths and weaknesses, and improve overall trial preparation.

Focus Groups

A structured discussion involving a selected group of participants who represent potential jurors. The focus group evaluates key aspects of a case—such as themes, evidence, witness credibility, and messaging. The feedback gathered helps legal teams understand juror attitudes, perceptions, and potential biases, enabling them to refine trial strategy and improve case presentation before going to court.

Online Jury Research

A cost-effective and efficient method of gathering juror insights through digital platforms. Using online surveys, virtual mock trials, and remote focus groups, we can access a diverse pool of participants from across jurisdictions to evaluate case themes, witness effectiveness, and evidence presentation. This approach provides valuable feedback on how potential jurors might perceive the case, helping legal teams tailor strategies and messaging with precision—without the constraints of geography or time.

Judicial Research

Mock trials and focus groups specifically designed for bench trials, where a judge or group of judges, rather than a jury, serves as the fact-finder(s). This research involves analyzing judicial behavior, decision-making patterns, and legal preferences to tailor case presentation and arguments effectively. Judicial research is designed to help attorneys anticipate judicial responses and craft strategies that resonate with the court’s expectations and standards.

Settlement/Case Valuation Research

A method of assessing how jurors or decision-makers perceive the potential value or damages in a legal case. This research gathers feedback on issues such as liability, causation, and appropriate compensation, helping trial teams and their clients understand likely award ranges, identify risk factors, and make informed decisions about settlement, mediation, or trial strategy.