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Jury Investigation Basic Service

DecisionsWon conducts a thorough investigation of the actual jury panel; including, but not limited to criminal and civil checks. The civil background is to determine any litigation the juror may have been involved in the past.

The criminal checks are performed to determine the character of the juror. Additional investigation may include:

  • Social media (Facebook, LinkedIn, Twitter …);
  • Web search of jurors using separate search engines;
  • Organizational participation;
  • Newspaper articles written by or that mention juror;
  • Property records search
  • Voting records (10-year history)
Evaluation of Jury Panel:

Next, a comprehensive assessment and evaluation of each juror is conducted. Items taken into consideration include,

  1. Type of case being tried (issues & facts surrounding case);
  2. Parties involved;
  3. Key witnesses;
  4. The attorneys involved;
  5. Evidence to be presented; and
  6. Jury backgrounds and profiles.
Create Jury Charting:

First impressions can sway the way we feel about a juror. A jury chart is prepared to eliminate any second-guessing of the previous evaluation of a juror based on the investigations and analysis. The chart helps keep everyone “on track” in recalling those jurors who have been identified as potential strikes.

Prepare Voir Dire Questions:

DecisionsWon will draft voir dire questions in an effort to eliminate unfavorable jurors. Questions are based on the specific facts and evidence in the case.

Assist with Jury Voir Dire: DecisionsWon provides assistance with and suggestions for jury voir dire, with the primary focus being jury “de-selection”. First, jurors are placed into categories which identify their leadership skills. Next, efforts are centered on removing unfavorable jurors (with leaders being the priority), preferably through judicial challenge for cause then preemptory challenge. At the same time, significant effort is made to avoid exposing favorable jurors. This is all done through effective voir dire strategy and questioning. If those efforts fail, peremptory challenges must be made. In the case where multiple "unfavorable" jurors are identified, they are prioritized into bad - worst categories.

Assist & Attend Jury Selection: Finally, assisting with the jury selection process by observing and notating juror responses. Original evaluations or ratings of the jurors are modified based on their responses to questions, body language, and their ability or inability to communicate comfortably with parties. Finally, assist with final jury selection (the “chess game” as often described) which moves quickly and the ability to foresee strikes from other parties is critical.


A mock trial is designed to mirror an actual jury trial to allow testing of trial evidence and arguments for both sides. Individual or multiple panels of 6-12 jurors may be used; multiple panels allow more extensive feedback. Depending on case complexity, mock trials can be presented in 1 day or multiple days.

Participants are recruited using a variety of methods and then screened using appropriate criteria to best replicate a community cross section. The screening process also ensures participants would otherwise qualify to sit in the actual jury trial.

Prior to the presentation of evidence, jurors are asked to complete a short baseline questionnaire. Questions are asked regarding their personal opinions relating to the issues to be presented that day. The survey will be tailored to the client’s case and help identify the profile of jurors most unfavorable to the client.


Mock trials provide for longer and more detailed presentation and arguments by the attorneys with more elaborate presentation of exhibits such as power point presentations, presentation of witness via video-taped depositions, or in-person. In addition, jurors are provided with more detailed jury instructions.

Jurors are required to complete questionnaires following each presentation. By completing questionnaires after each presentation, we are able to uncover trends in jurors’ evaluation of the case. These individual questionnaires help to expose the true opinions of jurors prior to influence by fellow jurors in deliberations.

In the case where witnesses are presented to the jurors, evaluation of the witnesses is permitted through written requests.

In a mock trial, jurors will deliberate and reach a unanimous decision as to each element of the verdict, i.e., a unanimous decision on negligence, a unanimous decision on causation, and a unanimous decision on EACH element of damages. After extended debate (as in a real deliberation process), if it becomes apparent a unanimous decision is not likely to occur, jurors may be asked to move on to the next issue. DecisionsWon facilitator is present with jurors to facilitate a smooth deliberation process.

In a mock trial, attorneys & clients will observe jurors’ deliberation through closed-circuit television monitors from a separate room in real-time. This process allows attorneys to watch the deliberation process firsthand and witness how and why the jury arrived at their decision.


Focus groups are typically conducted using an informal round-table discussion. The event will be primarily facilitator-driven with interview of jury-eligible participants in a round-table format. Issues and evidence or facts are discussed in detail and participants are allowed to intimately examine exhibits. These processes are typically best used early in the litigation process to test how jurors may perceive various aspects of the case. Additionally, these processes are helpful when the complexity of the case makes it difficult to present the entire case in a short time line. Focus groups are extremely flexible and can be designed to meet any research need. Because information is presented in segments, it is possible to address a number of issues in a single day.

Benefits this process provides

  • In this and all testing processes, attorneys can discover jurors’ life experiences that ultimate reflects their ideas, opinions, expectations and biases; all of which affects their decisions and decision-making process;
  • Parties can gain ideas for persuasive trial themes;
  • Learn reactions and get opinions regarding specific exhibits, opening statements, and testimony;
  • Learn irrelevant as well as relevant issues and facts;
  • Learn negative components of case and discover ways to address and neutralize these difficult matters;
  • Get jurors’ impression of witnesses;

Trial Consulting

DecisionsWon offers a wide range of services based on over 30 years of trial and courtroom experience.


Following a trial DecisionsWon can assist with developing appropriate questions and conducting telephone, mail, or in-person interviews of the jury based on the specific details of your trial. If the case may be retried, or if clients may try other cases involving the same client or similar issues, post-trial interviews are extremely helpful. Jurors provide extremely helpful feedback about:

  • What happened in deliberations, including possible juror misconduct.
  • Their understanding or lack of understanding of major issues in the case.
  • Learn how effective the trials themes were for each party in helping them come to a verdict.
  • How they perceived different attorney and witness presentation styles.
  • In the case of an unfavorable verdict, understand what would have helped them in reaching a favorable verdict.


Shadow jurors are qualified citizens recruited for the purpose of observing the trial from a lay person’s perspective.

Shadow jurors attend trial at the same time actual jurors do. They are instructed to follow the same rules provided to the actual jurors. DecisionsWon provides a moderator for the trial who guides shadow jurors throughout the day. DecisionsWon conducts a nightly debriefing of the shadow jurors and provides this feedback to counsel. Jurors are never told who they are working for in an effort to maintain objectivity.

Insights & advantages gained

  • Shadow jurors are exposed to the same evidence and testimony in court as the real jurors;
  • Shadow juries allow interested parties to receive feedback about evidence, arguments, and witness testimony in near real-time;
  • Provides counsel with near real-time insights about what is influencing juror impressions;
  • Counsel can make adaptive, strategic decisions/changes during trial; and
  • Parties and stakeholders are provided near real-time information enabling informed decisions about exposure and potential damage awards during trial

Duties of DecisionsWon, LLC

  • Recruit 4 to 6 surrogate jurors who best mirror the characteristics and profile of the actual venue;
  • Orient the shadow jurors to the rules and regulations prohibiting contact with trial counsel, actual jurors, media or engaging in case-related discussions among themselves;
  • Guide shadow juror attendance at all trial sessions observed by the actual jury;
  • Gather the shadow jury during meals; general impressions are surveyed and any critical issues are conveyed to counsel;
  • Conduct nightly interviews of each juror, condense the interview findings and provide nightly updates/reports to counsel.


Informal in-person group polling can include anywhere from 30 to 100 participants.
Read a statement of case with additional facts (1-hour presentation).

  • Using audience response devices, get jurors’ reaction to a number of issues. Ability to ask 10 – 20 questions per issue.
  • Submit written questionnaire with key questions (questions to be determined with guidance of counsel).

Any number of participants can be used and would be determined by counsel and consultant.

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