A trial consultant is different from a jury consultant. A trial consultant advises the attorney or attorneys on various, and sometimes every, aspect of trial strategy, including, but not limited to, opening statements, the order in which witnesses are put on the stand, the order of questions, the actual questions, the exhibits and the closing arguments.  In other words, a trial consultant does just that, consults on the actual components of the trial itself.

A trial consultant is a good idea if you are a very inexperienced trial attorney or if you have hundreds of trials under your belt.  Often times, a trial consultant can make the difference between a verdict in your client’s favor and a verdict in favor of the opposing party or parties.  For that reason, you should always consider hiring a trial consultant if at all possible.

A trial consultant provides the primary function of supplying the attorney trying a lawsuit with perspective he or she almost invariably has lost by the time the case gets to trial. Most cases that go to trial have been in the discovery process for months, if not years before they are tried.  This is particularly true in civil litigation, as opposed to criminal litigation.  As a result, the lawyers representing the parties involved in the case have been living and breathing every aspect of the case for months, if not years.  Knowing every word of every deposition that has been taken in the case, the content of every document, the nature of every photograph, the content of every email, every text message and every instant message can, believe it or not, can be a bad thing.

That in-depth level of consummate knowledge of every aspect of the case almost invariably results in a not being able to see the forest for the trees.  That’s where a trial consultant can help.  In fact, that’s where a trial consultant can prove to be invaluable.  A trial consultant can provide an objective opinion regarding the potency of the evidence at the trial lawyer’s disposal and help the attorney trying the case to order and present that evidence in the most effective way possible, thereby maximizing its impact and, by so doing, significantly increasing the chances of prevailing at trial.

Whenever possible, utilize the services of a trial consultant with a proven track record of success.  You’ll be glad you did.

Another key to success at trial occurs well before the trial kicks off.  Your witnesses’ deposition testimony is crucial and most people give terrible depositions. To vastly improve your clients’ and other witnesses’ deposition performances and testimony, please visit our website at www.depositiontestimony.com.

Jeff L. Williams is a former trial attorney and co-founder of New Media Legal Publishing.