Litigation support services assist trial attorneys in preparing for complex trials, including document management, data analytics, mock trials, and jury selection. Support staff also assist with post-trial motions and appeals.
There are many types of litigation support available to trial attorneys and they are typically used in preparation for large-scale and complex trials. Support services may include document management and specialized software for electronic files. Paralegals often summarize and index depositions and reports, as well as information presented by an opposing party. Lawyers often use support services that provide mock trials and focus groups to evaluate the jury’s potential response to a case. Support services may also include the preparation of legal documents, such as motions and briefs.
In complex litigation, the volume of paper and information can be enormous. Litigation support professionals help organize it in a consistent form and retrieve only the most valuable information for the case. They can prepare a history of all critical events in the case. Information technology specialists use data analytics to retrieve only relevant information from documents. Support specialists also assist in the preparation and response to “discovery,” inquiries between parties, and an ongoing process leading up to the trial phase.
Proof evidence, such as images, tables and graphs used as exhibits, is an important part of the process presentation. Exhibits must be interesting, easy to follow, and make an important point about the case. Litigation support includes the creation of charts that help explain the theory or “story” of a case.
A case theory explains what happened, who was right or wrong, and why. It’s especially important in a jury trial. Litigation support often includes the use of focus groups and mock pathways. A focus group serves as a substitute for a judging panel. The lawyers have the opportunity to present their evidence, argue and question the group about their reactions to a mock trial of the case.
Focus groups can help attorneys assess the strengths and weaknesses of their case. It can also help decide whether to opt out of a jury trial and try the case before a judge. Insightful jury selection is crucial in a trial. Support specialists help attorneys by creating profiles of the juror type that would most align with their case theory. The jury specialists are often sociologists and psychologists.
Litigation support does not end with the trial. Support staff and paralegals often help with drafting post-trial motions. These motions allege errors that have occurred in court rulings or procedures. They also keep these issues for any appeal. Trial lawyers in complex litigation cases often rely on appeals attorneys to prepare briefs and argue oral arguments in appellate court.
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