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8 Ways a Trial Consultant Can Strengthen Your Case

  • Writer: Erin Duggan Kramer
    Erin Duggan Kramer
  • 3 days ago
  • 2 min read

From juror clarity and witness credibility to damages, themes and voir dire, outside perspective can make a meaningful difference before trial.


I’ve worked side-by-side the best trial lawyers in the country, who know their cases, the law and the courtroom better than anyone. But sometimes that deep familiarity can obscure how a case will land with jurors, coming in cold. Here’s how an outside perspective sharpens themes, tests assumptions and creates the most compelling arguments. My team:


1. Simplifies what’s complicated.

What is clear to the legal team may not be clear to jurors. A trial consultant helps identify where a case is too dense, technical, or confusing — and how to make it more accessible.

2. Strengthens the story.

A case needs more than strong facts. It needs a narrative jurors can follow. Trial consulting helps clarify themes, connect the evidence, and build a more compelling throughline.

3. Reveals vulnerabilities early.

Mock juries, focus groups and message testing can show where a case is not landing, what concerns jurors may have, and which arguments are likely to resonate.

4. Assesses damages realistically.

Damages may make sense legally but still feel unclear or unconvincing to jurors. Trial consulting helps teams understand where resistance may arise and how to make the ask more credible.

5. Offers insight on witness credibility.

Jurors respond to more than the substance of testimony. Tone, clarity, confidence and likability all matter. Trial consulting helps legal teams prepare witnesses with those perceptions in mind. Sometimes a small detail (recently it was a plaintiff with a temper, whose military service strongly (and unexpectedly) swayed mock jurors far more than the trial team anticipated before watching juror reaction.

6. Pressure-tests the other side’s case.

Sometimes the opposing side’s themes are more persuasive than they first appear. A trial consultant helps identify what may resonate with jurors and how to address it.

7. Sharpens openings, themes and voir dire.

Small changes in framing, structure or word choice can make a meaningful difference. Mock juror feedback helps refine how the case is presented from the start.

8. Increases value when brought in early.

Trial consulting is not just for the eve of trial. Early input can help shape case strategy, witness preparation, theme development and settlement thinking well before a jury is seated.


Final thought

During my time as a senior member of the Manhattan DA’s Office, I wasn’t trying cases in court. I was shaping how we talked about complicated issues of law and justice in the court of public opinion – to make cases understandable and meaningful to the same people who make up our jury pools. A trial consultant helps legal teams see cases more clearly, prepare more strategically and communicate more persuasively. Learn more at Erin Kramer Consulting – let’s talk.

 

 
 
 

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