court jury

Trial Monitoring & Shadow Juries

Sometimes there’s no substitute for having observers watch trial proceedings and identify problems and successes that arise as trials unfold. Trialcraft employs two different methods: trial monitoring and shadow jury deployment.

We can embed a Trialcraft consultant in the courtroom who compiles a daily report that harnesses our experience and training—to provide actionable feedback that you can implement the very next day. The scope can range from recommendations for subtle shifts in strategy to triage for unpredictable situations where evidence or witnesses go south.

We can also run a shadow jury for your case, a select group of people who match the demographics of key seated jury members and listen to the trial along with the actual seated jury. These “ringers” offer daily reports on their reactions that enable real-time corrections to trial strategy and informed decision-making about settlement offers before verdict.

Our consultants have been involved in two major shadow juries that played an important role in defense victories: Kelly Moore vs Union Carbide (fraud, Brazoria County, TX, 2004) and Rambus vs Hynix and Micron (antitrust, San Francisco County, CA, 2011). The shadow jury feedback in the Rambus vs Hynix and Micron also led the defense to end trial 6 weeks early, saving the clients more money than the shadow jury cost.

I worked with Sarah Murray on a complex civil antitrust matter. Well in advance of trial, Sarah and her team were involved in the development of trial strategies, our client narrative, and witness preparation. At trial, Sarah assisted with jury selection and ran a shadow jury. Sarah also developed questions for post-trial polling.

I credit Sarah’s formal education as a social anthropologist and her many years of experience with jurors across social-economic and geographic strata with her keen insight into human nature. Of course, we had good lawyers in the court room, but it was Sarah’s contributions that allowed the legal talent to develop a truthful, credible narrative that empowered jurors to make a stand in our client’s favor.”

— Tad Allan, Partner, O’Melveny