A jury consultant works with attorneys during jury selection and the trial, observing prospective jurors and influencing decisions about who would be most likely to return a favorable verdict. They may also review the case with the attorney after a verdict and suggest changes in closing statements. The field is not an exact science and experienced attorneys may not employ a consultant. Ethical consultants do not practice illegal acts, as portrayed in John Grisham’s novel The Runaway Jury.
A jury consultant works collaboratively with an attorney during jury selection, during the trial proper, and possibly after the trial as a commentator or reviewer of attorney’s effectiveness with a jury. John Grisham’s novel The Runaway Jury enraged many in the profession by implying that someone in this job would commit any number of illegal actions, including round-the-clock surveillance of jurors and attempting to arm or buy verdicts.
An ethics jury consultant does not practice such illegal acts. Instead, he is usually a keen observer of human behavior. Often, this person has a bachelor’s degree in behavioral science or psychology and may also have a dual degree in law or criminal justice.
During the jury selection process, the jury counsel observes the responses of prospective jurors and can influence decisions about who would be most likely to return a favorable verdict for defense counsel or for the prosecution. This person can also help the attorney prepare questions for prospective jurors.
Some generalizations about types of people are probably made. Things like race, socioeconomic background, life experience, and level of education can make some prospective jurors less or more acceptable on a jury, depending on which side the counsel is advising on. For example, a criminal case involving a defendant accused of killing a police officer would likely cause the jury counsel to advise the prosecuting attorney to select a jury of individuals who have respect or experience with law enforcement . Getting a cop on a jury like that would be a major coup.
Also, during the voir dire trial, in which jurors are briefed on the case and questioned about their feelings that could cause undue bias, the juror counsel seeks to discern the legitimacy of the prospective juror’s responses. Body language, such as seat shifting or facial expressions, may also be taken into account in an attempt to select the best possible judging panel.
During the trial, the counsel will continue to observe the jurors to see how effectively the attorney is conveying his view of the case at hand. Jury counsel can influence the length of time someone testifies, given their prior knowledge from the voir dire. He or she may notice when jurors seem excited by the testimony or seem unaffected by the testimony. Also, the person can look for any evidence of hardship among the jurors that could lead to a hung jury causing a mistrial.
The jury counsel can then review the case with the trial attorney after a verdict or decision has been rendered to help the attorney improve his or her performance in future trials. He or she may also suggest changes in closing statements that will “play” better with jurors. Additionally, the counsel will likely decide with the attorney whether the case will be won or lost after all testimony and statements have been submitted.
The field of jury counseling is not an exact science and people are, by nature, unpredictable. You can often find a juror counselor commenting on the likelihood of high-profile cases being won or lost. Such predictions, if correct, can benefit the consultant’s career. Frequently, you will find multiple consultants commenting on high-profile cases with completely opposing views. Reading people, reading testimony and making decisions is a somewhat risky business when there is no opportunity for the jury counsel to have direct contact with the jurors.
Experienced attorneys often do not employ a jury consultant. Over time, trial attorneys can develop a good chemistry with prospective jurors, and not hiring one can save time and money. It is rare, however, to see large civil or criminal cases where a counsel is not employed by both parties.
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