Jury consultants (Trial Consultants)

Jury consultants were used in the fictional trial that is the subject of the novel and movie The Runaway Jury. Rankin Fitch, "jury consultant for the defense,'' is a villain whose team uses high technology and sometimes-illegal tactics to prevent a judgment against their corporate client.

An ethical jury consultant does not practice such illegal acts. Instead, the jury consultant is usually a skilled observer of human behavior. Often the jury consultant has a degree in behavioral science or psychology, and may also have a dual degree in law or criminal justice.

It has been argued that the United States courts do not begin with the assumption that a juror will perform his duties in accordance with his oath by setting aside whatever biases or preconceived notions they have and by following the judge's instructions. On the contrary, courts and lawyers frequently expend significant amounts of time and money on researching prospective jurors' attitudes and lifestyles often with the aid of a hired jury consultant, in order to satisfy themselves about the citizen's competence to serve as an impartial juror. There is, in effect, a presumption of bad faith. (The United States Attorneys' Bulletin - full text)

A jury consultant, by using knowledge about human behavior helps trial lawyers select the jury members that are, in their opinion most likely to see the case the lawyer's way. In most large trials these days there are jury consultants behind the scenes.

It is the jury consultant's job to match the minds of potential jurors to the case. Some lawyers have stated that it borders on malpractice not to use jury consultants if the money is there. Some might not agree, but trial consultants have become permanent fixtures in the recent wave of high-profile trials.

A judge's view of Jury Consultants

It is difficult to pinpoint what jury consultants might charge. It depends on the case, but rates of $30,000 for jury focus groups, twice that for a mock jury trial has been mentioned in law articles.

Jury consultants
assist with mock juries, pre-trial research, witness impact focus groups, jury research etc.
They help trial attorneys prepare their cases from a jury's perspective.