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I
would not try my own case without testing it on a mock jury, and
I would not testify in a deposition or in court without going through
a witness training program. And don't assume it is too expensive.
My belief is that it is more costly not to hire a legal consultant."
Karen
Hurwitz, J.D., L.C.S.W.
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KAREN HURWITZ
& ASSOCIATES Legal Consulting is a full service trial consulting
firm providing assistance for every phase of trial and conflict resolution,
starting with whether to file suit or mediate, all the way through
to appeal. Trial consulting services are like preventative medicine.
They are things that lawyers should do before, during, and after trial
to increase their effectiveness and the likelihood of achieving their
desired results. We also provide legal consulting services for transactional
attorneys who want assistance and coaching on their presentation and
negotiation style. Finally, we offer continuing legal education on
a variety of topics for law firms and corporate legal departments.
In my
work as a trial consultant I have witnessed first hand what a difference
these services make and how valuable they are at providing attorneys
and clients with the opportunity to anticipate and respond to what
may happen at trial. In focus groups and mock trials lawyers and clients
not only learn the strengths of their case through the eyes of mock
jurors, they also learn about the weaknesses in their case and areas
that lack credibility. Lawyers also receive invaluable feedback on
their presentation style and their case themes. Lawyers know all too
well that while the law may be on their side, if the jury does not
understand the facts or believe their witnesses, then their side will
not prevail.
Why
learn that a jury does not accept your arguments after trial, when
you can learn the same thing before trial and modify your case accordingly?
Do you still want to proceed to trial if a mock jury says you do not
have a case, or that they would not award your client any damages?
Attorneys and clients can determine more realistic damages for their
set of facts, whether for trial or mediation, after doing jury research.
Knowing that you have not just picked a number out of thin air will
give you more confidence in your position.
Witness
preparation can help even the smartest of parties and witnesses. Some
witnesses have never testified and are nervous. A corporate executive
may know a lot but not know how to explain very difficult concepts
in a succinct and intelligible manner. Practice can help immensely
and reduce anxiety for the witness and his lawyer. And having an experienced
psychotherapist work with a witness helps the witness handle areas
of concern and work through any impediments to effective presentation.
Voir
dire is probably the most important component of trial and the relationships
you develop with the jury are the most critical relationships in the
trial. We encourage attorneys to practice voir dire as part of their
jury research. Being comfortable talking about the difficult issues
in the case and getting feedback on your questioning style can make
a big difference when you begin to develop your relationships with
the actual jury panel. We provide assistance with jury selection,
from the drafting and analysis of juror questionnaires to assistance
during voir dire and jury selection. We also perform post trial interviews
of jurors.
Feedback
during trial also is invaluable. Lawyers cannot focus on everything
during trial. Having the consultant and a group of shadow jurors in
the courtroom provides same day feedback during trial. Such feedback
fills in the gaps before the verdict.
Finally,
KAREN HURWITZ & ASSOCIATES believes in artistry in the courtroom.
Charts, graphs, and pictorial representations not only present information
but they have a sensory impact on jurors. Our professional artists,
highly acclaimed in Houston art circles, can communicate information
in a visually pleasing as well as psychologically powerful way.
Clients
and lawyers gain confidence from all aspects of trial consulting.
It is the knowledge that not only did you dot every i
and cross every t in your pleadings and discovery, but
the knowledge that you practiced, tested and revised and then you
went to court, to arbitration, or to mediation. The extra steps make
a huge difference. It is the difference between being prepared and
feeling really comfortable. It is the difference between good and
great.
We hope
you will allow KAREN HURWITZ & ASSOCIATES Legal and Behavioral
Consulting the opportunity to help you achieve your goals in the legal
world.
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