Trial Consultation

Abstract

Behavioral science trial consultants in the last two decades have progressively become de rigueur for the modern trial advocate. The two leading professions represented in trial consulting are psychology and communications, although many consultants have no relevant professional training. Jury simulations and jury selection are the principal services provided, and few consultants have had any education in either. While consultants are helpful, their influence is exaggerated by their own self serving claims, as well as by a general misunderstanding of what social science training consists of and is capable of preparing one to do in realistic trial circumstances. Concern about consultant manipulation is misplaced. Caveat emptor, not restriction of trade-motivated licensure, is recommended.

Key Words:

• Jury
• litigation
• consultation
• trial
• forensic