Trial Consulting

Trial Consulting

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In its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition , and breadth of practice. What began as a small activist group of social scientists volunteering their expertiseto assist in the defence of Vietnam War protestors has evolved into a diverse set of professionals from a range of educational and professional backgrounds. In spite of such enormous growth, the work of trial consultants has gone largely unexamined. Trial Consulting takes an in-depth look at the primary activities of trial consultants, including witness preparation, focus groups and mock trials, jury selection, change of venue surveys, and attorney presentation style. It also examines the profession's struggle to define itself, resisting certification and licensure requirements and settling instead for a set of practice standards. The authors draw upon empirical and other scholarly work in the social sciences, recommended "best practices" from trial lawyers, and the written and spoken recommendations and reflections of the trial consultants themselves. Addressing a broad spectrum of topics ranging from handwriting analysis to medical malpractice cases, they also suggest reforms for improving the profession and the efficacy of the trial consultant in the courtroom. The result is a critical analysis of what trial consulting truly adds to, and detracts from, the administration of justice. This book is an indispensible guide for practicing and aspiring trial consultants as well as the judges, attorneys, and psychologists who work with them. Trial Consulting provides a thought-provoking statement on the state of the profession, and students and professionals alike will benefit from the challenges it presents.show more

Product details

  • Hardback | 288 pages
  • 165.1 x 231.14 x 30.48mm | 566.99g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 0195183096
  • 9780195183092

Review quote

"Posey and Wrightsman have produced an essential book for anyone interested in the fast-growing but still largely unknown field of trial consulting. The book discusses the history of the field, who trial consultants are and how they are trained, what trial consultants do, and the ethical issues involved. Anyone interested in the legal system and the trial process will find this book to be a fascinating state-of-the-art glimpse into the world of the jury, the attorneys, and the people to whom the attorneys turn in order to refine their cases. From pretrial motions, to the trial itself, and into the jury room, this book uses both interesting case examples as well as solid psychological research to take the reader behind the scenes of the trial process."--Solomon M. Fulero, Ph.D., J.D., Professor of Psychology, Sinclair College, Past President, American Psychology-Law Society, Dayton, Ohio"This excellent work is about far more than trial consulting. While Drs. Posey and Wrightsman take an honest look at the trial consulting profession, they also manage to educate litigators and researchers alike about current jury decision-making trends. An important read for anyone working as or with a trial consultant."--Karen Lisko, Ph.D., Senior Litigation Consultant, Persuasion Strategies, Past President of the American Society of Trial Consultants, Denver, Colorado"This book is long overdue. With the field of trial consulting still growing, Drs. Posey and Wrightsman attempt the difficult task of providing a balanced review of who litigation consultants are, what services they provide, and how their services work collaboratively with trial attorneys to benefit their clients and the legal process. This informative book provides an introduction to trial consulting by firmly grounding the field both in the social science literature and real-world applications. Additionally, the authors' discussion of many case-specific examples provides insight into the trial consultant's role with respect to a wide variety of cases for clients both large and small."--Merrie Jo Pitera, Ph.D., President, Litigation Insights, Inc., Overland Park, Kansas"Drs. Posey and Wrightsman hold our feet to the fire with cutting inquiries into ethics and effectiveness. In a field still defining itself, the authors' analysis will shape the debate about what is reasonable to expect from a trial consultant."--Lisa Dahl, President, Litigation Consultants, Inc., Lawrence, Kansas"Trial Consulting takes a comprehensive and provocative look at the field of trial consulting in the United States. In a book rich in data and details surrounding the most critical phases of trail practice, Posey and Wrightsman rip open the mystique surrounding this profession and raise some important issues as to the direction in which it should move."--Psychiatric Services "Posey and Wrightsman have produced an essential book for anyone interested in the fast-growing but still largely unknown field of trial consulting. The book discusses the history of the field, who trial consultants are and how they are trained, what trial consultants do, and the ethical issues involved. Anyone interested in the legal system and the trial process will find this book to be a fascinating state-of-the-art glimpse into the world of the jury, the attorneys, and the people to whom the attorneys turn in order to refine their cases. From pretrial motions, to the trial itself, and into the jury room, this book uses both interesting case examples as well as solid psychological research to take the reader behind the scenes of the trial process."--Solomon M. Fulero, Ph.D., J.D., Professor of Psychology, Sinclair College, Past President, American Psychology-Law Society, Dayton, Ohio"This excellent work is about far more than trial consulting. While Drs. Posey and Wrightsman take an honest look at the trial consulting profession, they also manage to educate litigators and researchers alike about current jury decision-making trends. An important read for anyone working as or with a trial consultant."--Karen Lisko, Ph.D., Senior Litigation Consultant, Persuasion Strategies, Past President of the American Society of Trial Consultants, Denver, Colorado"This book is long overdue. With the field of trial consulting still growing, Drs. Posey and Wrightsman attempt the difficult task of providing a balanced review of who litigation consultants are, what services they provide, and how their services work collaboratively with trial attorneys to benefit their clients and the legal process. This informative book provides an introduction to trial consulting by firmly grounding the field both in the social science literature and real-world applications. Additionally, the authors' discussion of many case-specific examples provides insight into the trial consultant's role with respect to a wide variety of cases for clients both large and small."--Merrie Jo Pitera, Ph.D., President, Litigation Insights, Inc., Overland Park, Kansas"Drs. Posey and Wrightsman hold our feet to the fire with cutting inquiries into ethics and effectiveness. In a field still defining itself, the authors' analysis will shape the debate about what is reasonable to expect from a trial consultant."--Lisa Dahl, President, Litigation Consultants, Inc., Lawrence, Kansas"Trial Consulting takes a comprehensive and provocative look at the field of trial consulting in the United States. In a book rich in data and details surrounding the most critical phases of trail practice, Posey and Wrightsman rip open the mystique surrounding this profession and raise some important issues as to the direction in which it should move."--Psychiatric Services "Posey and Wrightsman have produced an essential book for anyone interested in the fast-growing but still largely unknown field of trial consulting. The book discusses the history of the field, who trial consultants are and how they are trained, what trial consultants do, and the ethical issues involved. Anyone interested in the legal system and the trial process will find this book to be a fascinating state-of-the-art glimpse into the world of the jury, the attorneys, and the people to whom the attorneys turn in order to refine their cases. From pretrial motions, to the trial itself, and into the jury room, this book uses both interesting case examples as well as solid psychological research to take the reader behind the scenes of the trial process."--Solomon M. Fulero, Ph.D., J.D., Professor of Psychology, Sinclair College, Past President, American Psychology-Law Society, Dayton, Ohio "This excellent work is about far more than trial consulting. While Drs. Posey and Wrightsman take an honest look at the trial consulting profession, they also manage to educate litigators and researchers alike about current jury decision-making trends. An important read for anyone working as or with a trial consultant."--Karen Lisko, Ph.D., Senior Litigation Consultant, Persuasion Strategies, Past President of the American Society of Trial Consultants, Denver, Colorado "This book is long overdue. With the field of trial consulting still growing, Drs. Posey and Wrightsman attempt the difficult task of providing a balanced review of who litigation consultants are, what services they provide, and how their services work collaboratively with trial attorneys to benefit their clients and thelegal process. This informative book provides an introduction to trial consulting by firmly grounding the field both in the social science literature and real-world applications. Additionally, the authors' discussion of many case-specific examples provides insight into the trial consultant's role with respect to a wide variety of cases for clients both large and small."--Merrie Jo Pitera, Ph.D., President, Litigation Insights, Inc., Overland Park, Kansas "Drs. Posey and Wrightsman hold our feet to the fire with cutting inquiries into ethics and effectiveness. In a field still defining itself, the authors' analysis will shape the debate about what is reasonable to expect from a trial consultant."--Lisa Dahl, President, Litigation Consultants, Inc., Lawrence, Kansas "Trial Consulting takes a comprehensive and provocative look at the field of trial consulting in the United States. In a book rich in data and details surrounding the most critical phases of trail practice, Posey and Wrightsman rip open the mystique surrounding this profession and raise some important issues as to the direction in which it should move."--Psychiatric Services "Posey and Wrightsman have produced an essential book for anyone interested in the fast-growing but still largely unknown field of trial consulting. The book discusses the history of the field, who trial consultants are and how they are trained, what trial consultants do, and the ethical issues involved. Anyone interested in the legal system and the trial process will find this book to be a fascinating state-of-the-art glimpse into the world of the jury, the attorneys, and the people to whom the attorneys turn in order to refine their cases. From pretrial motions, to the trial itself, and into the jury room, this book uses both interesting case examples as well as solid psychological research to take the reader behind the scenes of the trial process."--Solomon M. Fulero, Ph.D., J.D., Professor of Psychology, Sinclair College, Past President, American Psychology-Law Society, Dayton, Ohio "This excellent work is about far more than trial consulting. While Drs. Posey and Wrightsman take an honest look at the trial consulting profession, they also manage to educate litigators and researchers alike about current jury decision-making trends. An important read for anyone working as or with a trial consultant."--Karen Lisko, Ph.D., Senior Litigation Consultant, Persuasion Strategies, Past President of the American Society of Trial Consultants, Denver, Colorado "This book is long overdue. With the field of trial consulting still growing, Drs. Posey and Wrightsman attempt the difficult task of providing a balanced review of who litigation consultants are, what services they provide, and how their services work collaboratively withtrial attorneys to benefit their clients and the legal process. This informative book provides an introduction to trial consulting by firmly grounding the field both in the social science literature and real-world applications. Additionally, the authors' discussion of many case-specific examples provides insight into the trial consultant's role with respect to a wide variety of cases for clients both large and small."--Merrie Jo Pitera, Ph.D., President, Litigation Insights, Inc., Overland Park, Kansas "Drs. Posey and Wrightsman hold our feet to the fire with cutting inquiries into ethics and effectiveness. In a field still defining itself, the authors' analysis will shape the debate about what is reasonable to expect from a trial consultant."--Lisa Dahl, President, Litigation Consultants, Inc., Lawrence, Kansas "Trial Consulting takes a comprehensive and provocative look at the field of trial consulting in the United States. In a book rich in data and details surrounding the most critical phases of trail practice, Posey and Wrightsman rip open the mystique surrounding this profession and raise some important issues as to the direction in which it should move."--Psychiatric Services "Posey and Wrightsman have produced an essential book for anyone interested in the fast-growing but still largely unknown field of trial consulting. The book discusses the history of the field, who trial consultants are and how they are trained, what trial consultants do, and the ethical issuesinvolved. Anyone interested in the legal system and the trial process will find this book to be a fascinating state-of-the-art glimpse into the world of the jury, the attorneys, and the people to whom the attorneys turn in order to refine their cases. From pretrial motions, to the trial itself, and into the jury room, this book uses both interesting case examples as well as solid psychological research to take the reader behind the scenes of the trial process."--Solomon M. Fulero, Ph.D., J.D., Professor of Psychology, Sinclair College, Past President, American Psychology-Law Society, Dayton, Ohio"This excellent work is about far more than trial consulting. While Drs. Posey and Wrightsman take an honest look at the trial consulting profession, they also manage to educate litigators and researchers alike about current jury decision-making trends. An important read for anyone working as orwith a trial consultant."--Karen Lisko, Ph.D., Senior Litigation Consultant, Persuasion Strategies, Past President of the American Society of Trial Consultants, Denver, Colorado"This book is long overdue. With the field of trial consulting still growing, Drs. Posey and Wrightsman attempt the difficult task of providing a balanced review of who litigation consultants are, what services they provide, and how their services work collaboratively with trial attorneys tobenefit their clientsand the legal process. This informative book provides an introduction to trial consulting by firmly grounding the field both in the social science literature and real-world applications. Additionally, the authors' discussion of many case-specific examples provides insightinto the trial consultant's role with respect to a wide variety of cases for clients both large and small."--Merrie Jo Pitera, Ph.D., President, Litigation Insights, Inc., Overland Park, Kansas"Drs. Posey and Wrightsman hold our feet to the fire with cutting inquiries into ethics and effectiveness. In a field still defining itself, the authors' analysis will shape the debate about what is reasonable to expect from a trial consultant."--Lisa Dahl, President, Litigation Consultants, Inc., Lawrence, Kansas"Trial Consulting takes a comprehensive and provocative look at the field of trial consulting in the United States. In a book rich in data and details surrounding the most critical phases of trail practice, Posey and Wrightsman rip open the mystique surrounding this profession and raise someimportant issues as to the direction in which it should move."--Psychiatric Servicesshow more

Table of contents

1. Trial Consulting: Does It Help Achieve the Cause of Justice? ; 2. Witness Preparation ; 3. Change of Venue ; 4. Small Group Research ; 5. Trial Strategies and Procedures ; 6. What Do We Know about Jury Deliberations and the Determinants of Jury Decisions? ; 7. Jury Selection - Measures of General Bias ; 8. Jury Selection - Case-specific Approaches ; 9. Jury Selectionn - Effectiveness and Ethics ; 10. What Needs to be Changed?show more

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