WHERE WINNING BEGINS™
At Select Litigation™, we know winning is the only thing that matters. To win your case, it’s important to select the right jury, know the most persuasive information, and have a strategy that can be adapted to changing circumstances.
Our Integrated Selection Model® combines best practices from a variety of disciplines to offer a unique service with proven success. The model integrates the information from each component of our work to provide an overall juror score for ease of use by the legal team. Scores are continually revised to reflect new information and are used to make decisions quickly when striking the jury.
Our approach to litigation support and jury selection uses the most advanced research techniques available. Our advice is based on facts, not hunches. We are proactive and become fully integrated members of the trial team.
Our wide range of skills and background in fast-moving environments enables us to take on complex tasks with a moment’s notice. Select Litigation is committed to providing the highest possible quality product with an overriding focus on winning.
Integrated Selection Model®
SELECT LITIGATION SERVICES
Our team conducts extensive research to develop a pre-trial strategy building on the strengths of your case to help you effectively prepare for trial.
VENUE AND TRIAL ANAlysis
We begin with a thorough investigation of the jurisdiction rules for jury selection – how the juror list is compiled, how the venue is selected, and the procedures for striking the jury. Each element plays a critical role in the selection of the jury. We also conduct an analysis of verdicts and public opinion surrounding similar cases and issues to provide insight to counsel as they develop their case.
We use mock trials to help our clients establish effective trial strategies and overall themes and narratives. This is essential in assessing alternative tactics to handle key evidence and witnesses, and the development of effective graphics to be used in the trial. We include only jury-eligible participants in our mock trials and closely match the groups to the demographic characteristics of the likely jury.
KEY PLAYER RESEARCH
We provide in-depth examinations of key players in the litigation, including opposing counsel, witnesses, experts, and investigators. This is often supplemented by interviewing those familiar with the target and professional assessments where applicable. Our clients are provided a complete dossier of each player that is updated throughout our engagement.
Community Surveys and Predictive Modeling
Select Litigation conducts polls of jury-eligible individuals that are customized to probe underlying attitudes and biases of each case. Our state of the art sampling, measurement, and analysis have been developed from 35 years of experience at the highest levels. The result is a unique predictive model that goes beyond mere demographic data to effectively predict how an individual is inclined to judge the case.
Selecting the right jury is essential to successful trial outcomes. Our Integrated Selection Model uses a combination of qualitative and quantitative research techniques to strike the most favorable jury.
JUROR questionnaires and voir dire
To more closely link our predictive model to decisions about individual jurors, we develop supplemental questions for court-distributed juror questionnaires as well as for panel and individual-level voir dire. Our licensed attorneys participate in bench consultations on jury-related issues and in camera examinations of individual jurors.
All of the information contained in the Integrated Selection Model is available in a user-friendly platform, allowing the legal team to access critical documentation at any time in the selection process. This capability provides an edge when justifying for-cause strikes and winning Batson challenges
INDIVIDUAL JUROR RESEARCH
Once the court distributes completed juror questionnaires, our team of researchers utilizes state-of-the-art methods to gather all available information about each prospective juror including:
- personal records (marriage, divorce, voting)
- professional history and business records (education, liens, licenses, lawsuits)
- legal records (civil and criminal suits, bankruptcy, liens, judgments)
- property records (foreclosure, mortgage)
- media mentions (including national and local publications)
- internet appearances (including websites, blogs and online publications)
- social media presence.
Rather than creating an “ideal juror,” we assign a specific score to each member of the pool based on the accumulated information in the Integrated Selection Model. Scores are continually revised to reflect new information and are used to make decisions quickly and efficiently when striking the jury.
We perform a thorough if-then analysis on the pool of prospective jurors to examine alternative striking scenarios, including estimations of how the opposing side will analyze the pool if they have similar information. The result is a practical plan for using for-cause and discretionary strikes effectively and anticipating likely challenges.
JUROR SUMMARIES AND FINAL JURY PROFILE
Our juror summaries cut through the clutter and expedite review. We highlight key facts and refine critical information based on each juror’s assigned score. Once a final jury is selected, we provide a full profile for each juror and alternate with a photo and a schematic showing their seat in the jury box.
In addition to our work on jury selection, we provide a number of other trial services essential to successful litigation.
Monitoring and Shadow Jury
Members of the Select Litigation team will attend trial and provide legal counsel with real time information and observations about the jury's demeanor and reaction to the case. We continue to monitor jurors' activity on social media to ensure they are complying with the court’s protocol. In addition, Select Litigation will recruit individuals to serve on a shadow jury and provide their observations of the trial. The shadow jury will be matched demographically to the trial jury to provide counsel with timely feedback about the impact of the case on the shadow jurors.
Having trained hundreds of leaders for public appearances, media interviews, committee hearings, and debates, we have the requisite skills and training to help the trial team prepare key witnesses for their court appearances. We provide guidance on demeanor in the courtroom and the witness chair and handling difficult questions in a manner that will resonate with a jury.
The Select Litigation team has Oscar winning animators and graphic designers to create compelling demonstrative exhibits for trial. In addition, our extensive training and experience with databases and advanced statistics are valuable tools for the trial team. We analyze complex and voluminous data sets from phone to financial records, and are often asked to test the reliability of statistical conclusions presented by opposing counsel or included in their exhibits.
Opening and Closing Statements
A powerful and persuasive opening statement and closing argument is critical to success. Our experts work with counsel to perfect content and delivery. We combine our extensive experience in public opinion and public relations with our knowledge of jurors in each case. The result provides our clients with convincing arguments that speak to jurors in a language they understand and lead to a successful outcome.
Our clients often draw on our extensive public relations experience, including strategy and plan implementation, media training, press release development and press conference management, media kit creation, development and placement of op-eds and letters to the editor, and social media management pertinent to the case.
We recognize successful litigation does not always end at trial. We offer a number of post-trial and appellate consultation services.
Select Litigation will interview jurors post trial to assess their perception of the case, their view of the trial team, the presentation and witnesses, and how and why they reached their verdict.
Following the conclusion of a trial, we provide legal counsel with an in-depth analysis of their case, including strengths, weaknesses, successes, and missed opportunities. We share our in-depth understanding of the factors that influenced the jury to reach their verdict. This comprehensive analysis provides our clients with targeted strategies for continuous improvement and future success.
Our appellate consulting services offer our clients an edge as they prepare to argue appeals at the state and federal levels. Our customized research examines factors ranging from previous judicial rulings to venue statistics, providing legal counsel with information to defend victories or argue against adverse decisions. When oral arguments are required, we use experienced judges to help attorneys to develop persuasive arguments and techniques for successful appellate results.
a team built for success
The Select Litigation team brings decades of valuable experience in jury selection and litigation support services with proven results.
Our team of attorneys and professionals have conducted hundreds of trials on federal, state, and local issues. Our broad experience covers a wide variety of practice areas.
Banking and Finance
WHITE COLLAR CRIME
USA v. McGregor et al (2:10-cr-00186-MHT-WC),
In 2010, eleven defendants were indicted on 138 counts related to public corruption, bribery, and fraud by a federal grand jury in the Middle District of Alabama. The US Department of Justice brought the full force of the Public Integrity division and the FBI to the prosecution. Two of the main defendants accepted plea bargains and testified against the others. But after two trials, all of the remaining defendants walked free. And despite spending millions of dollars and three years, the prosecutors walked away with ZERO convictions.
The defendants were blessed with terrific lawyers. But our services were critical to the defense victory. As one reporter observed, “the case was decided the day the jury was selected.”
“Ruth and her team at Select Litigation have been an invaluable resource as we prepare for trials. They take the time to learn the details of our case and use their expertise to extract crucial information during mock trials. Their recommendations give us the edge we need to win.” - Marshall Ney, Partner, Friday, Eldredge and Clark