Settle,
Stay the Course,
or
Shift Strategy?
Critical litigation decisions like these loom in every case.
When stakes are high, decisions must be based on the best available market intelligence–you need relevant and reliable jury metrics that inform and justify your decision-making.
This is because all settlement and strategy approaches are ultimately based on the expected effectiveness and jury value of the current trial strategy, with modifiers for the perceived risk and expense.
The more precisely and confidently you can quantify that value and risk, the better settlement and strategy decisions you will make. And the earlier in the case cycle you can obtain that understanding, the better.
Our proven research approach will get you what you need.
- Is my position too complex or technical?
- Are my witnesses likeable and credible?
- How do jurors react to the damages claim?
- Are there fatal gaps or flaws in my case?
Understand your risks and opportunities, and you’ll make better litigation decisions.
SERVICES
Jury Research
Iteration and continuous improvement are baked into our research methods.
Solve via iteration
RoadTest®
Drive it before you buy it
The Minimum Effective Dose is the “what” and “where” of efficient application of effort– the smallest “dose” that will produce the desired outcome.
A RoadTest is just that: a minimalist testing protocol designed to be used early in the case cycle to ID fatal or intractable flaws in the basic facts, parties, or venue involved.
The most common cause of surprise catastrophic verdicts is a failure to accurately evaluate the key people involved. In the majority of instances these variables are ingrained and are not fixable.
Identify these issues early and stop wasting money on loser cases. This will have the added benefit of focusing your efforts on more productive matters.
We’ve got the plan to get you what you need.
Roundtable® Research
Quantify Risk & Opportunities
Replicating a trial is impossible, but thankfully, it is also unnecessary. Our online Roundtable methodology is designed specifically to test and track the five metrics that describe Jury Appeal®.
Roundtables are superior to traditional mock trials and focus groups for evaluating a case’s appeal to lay jurors by almost every measure. The most significant advantage to this methodology is the better sample of juror we obtain due to the reduced “load” we ask them to carry.
- Easy and fast to set up in any venue
- Flexible and affordable iteration
- Minimal demand on trial team’s time
- Meaningful reporting
25 years of iterating our jury research approach has proved that less is more! Try us once and you’ll never do another mock trial.
Specific deliverables and pricing are available on request.
Jury Strategy
.
Strategic Storytelling
Spark Creativity & Focus Strategy
The quickest and least expensive way to add us to your team.
In these sessions, we guide your team through our storytelling framework for the courtroom and its specific, strategic applications to finalizing your case for trial.
Our storytelling framework will help us:
- Understand, simplify, and clarify your best message,
- Position counsel as a trusted guide through the evidence,
- Craft an easy-to-understand call-to-action that jurors can feel good about.
Specific deliverables and pricing are available on request.
Jury Selection
Find Friends, Know Your Enemy
We turn data-driven insights into competitive advantage in the courtroom.
Our experience in the courtroom and observing lay jurors deliberate verdicts has led to the development of The Best Evidence Method, which represents the ongoing aggregation of our best thinking on jury selection and persuasion in high-stakes litigation.
The greatest books, movies, shows, and songs in history all have something unfortunate in common: They all have people who hate them. And no matter how great your story and your team, there will be people that “do not love it.”
First order of business in jury selection is getting those jurors to identify themselves, ideally in a way that sets them up for a cause challenge.
Additional focus, methods, and approach available by request.
JuryAppeal
Straight talk, not sales talk
The easy and free way to gain exposure to our thinking, findings, and ideas.
JuryAppeal is a private LinkedIn group for trial lawyers, in-house litigation counsel, and claims professionals. The content is exclusively devoted to understanding and influencing jury appeal in high-stakes litigation.
Weekly posts include highlights and trends from our jury analytics database, strategy tips, and words of wisdom for the courtroom. No sales, no marketing, no ads—100% signal.
Become a member today and dive in!
ABOUT
Best Evidence has been the jury consulting firm of choice for an elite group of financial institutions, professional service firms, media and technology companies, law firms, healthcare concerns, and other successful business enterprises and high-net-worth individuals. We are called upon to play a trusted role in high-stakes and high-profile cases, including bet-the-company litigation and other matters with fundamental consequences for our clients.
And for over 25 years, we have been giving these clients the information they need to make better decisions in their most challenging and important lawsuits.
We have helped clients win cases in virtually every segment and substantive area of the law, including professional liability, consumer fraud, mass tort & toxic tort, intellectual property, construction, personal injury/wrongful death, contract, insurance, product liability, and securities & shareholder litigation.
We can help prosecute or defend cases in any US jurisdiction to ensure your rights and reputation are protected.
And while we are known for our clients’ many successes in the courtroom, we are equally proud to have helped many more avoid protracted and unprofitable litigation through dependable analysis and trusted advice.
Schedule a call today—we look forward to helping you.
CLIENT SUCCESSES
Our clients have won jury trials across the country involving claims of negligence, IP infringement, breach of contract and duty, defamation, fraud, professional malpractice, and more.
In 2023, our trial teams won 4 different civil fraud cases in 4 different jurisdictions–2 for the plaintiff and 2 for the defense, including one that was the “first of its kind“.
Other recent jury trial experience includes assisting with jury research and jury selection in a significant commercial trial for a large software company that ended in a favorable settlement two weeks in, winning a fraud trial in the Southern District, and helping position a major media client in Los Angeles for a settlement in a breach of contract case. We won an $8.5 million breach of contract case in Palm Beach County, helped defend a legal malpractice case that resulted in the plaintiffs paying our client the night before trial to walk away.
We conducted jury research and developed jury selection criteria for a large media company in a high-profile defamation case, which we also won. We helped obtain a defense verdict and a $1 million counterclaim award in a $50 million, six-week jury trial of an alleged fraud, unfair competition, and tortious interference case for a worldwide technology concern.
Regardless of case-type, our jury research can uncover usable data that can be aggregated for precise and reliable jury selection criteria. This can be used for written questionnaires and in suggested voir dire questions to the Court, a real advantage in federal court where attorney voir dire is limited.
Advantageous Settlement for the Defense in Brain Damaged Baby case in Jacksonville, Florida
Best Evidence conducted four iterative jury simulations on behalf of the defendant Hospital to identify and test compelling arguments and themes, as well as the potential exposure. Information gathered during the course of the research exercises was subsequently used to construct a multi-media mediation presentation highlighting jury-eligible citizens’ favorable reactions to defense arguments in the case. Confidential settlement was substantially less than plaintiffs’ “bottom-dollar” pre-trial demand.
Important Victory for Global Hotel Chain
Best Evidence conducted a jury simulation for a global luxury hotel chain accused of violation of civil rights, negligence, false imprisonment, and battery. The high-profile plaintiffs, (multi-platinum recording artists and their family members), sued the hotel and three deputies from the local Sheriff’s Office over events that occurred at a New Year’s celebration at the resort. Best Evidence provided thematic strategy, jury profiling, and multi-media presentation support for the defendants, and our clients ultimately prevailed in defending all 34 claims.
Best Evidence, Inc. Consults on Trial Involving Complex Digital Copyright/Trademark Infringement
Best Evidence congratulates plaintiff St. Luke’s Cataract and Laser Institute on its win. The jury decided in our client’s favor across-the-board for claims of Copyright Infringement, Trademark Infringement, Cyberpiracy in violation of the Consumer Protection Act, Violation of the Digital Millennium Copyright Act, Conversion claims on both Laserspecialist.com and Lasereyelid.com, Violation of Florida Deceptive and Unfair Trade Practices Act, and Unfair Competition with a Punitive Damages award. Best Evidence provided In-Court Jury Selection and assisted in Electronic Courtroom Technology for the plaintiff St. Luke’s Cataract and Laser Institute in the win at trial.
Positive Verdict for the Defense in Brain-Damaged Baby Case in Hillsborough County, Florida
Best Evidence conducted two iterative Mock Trials for the defendant hospital. The jury research identified the most compelling arguments and allowed the trial team to develop these into successful themes that resonated with jurors. Best Evidence created demonstratives and an animation that served to further engrain the arguments and themes in jurors’ memory. The electronic courtroom services provided ensured streamlined, efficient, and effective delivery of the evidence. The plaintiff’s asked the jury for $72 Million–the jury returned a verdict against our client that amounted to less than $1 million, a fraction of the lowest demand.
Best Evidence, jury consultants for plaintiffs Dilip Jagasia and Mario City Restaurant Corporation
Best Evidence provided strategic consulting on jury section, opening and overall structuring of the case, as well as providing the technology for the courtroom. After a one week trial the jury quickly returned a unanimous verdict for our client acknowledging his status as a shareholder and awarding him damages.
Best Evidence, jury consultants for Defendants Cox Radio, Bubba the Love Sponge and BRN radio, congr
Best Evidence conducted two mock jury exercises for radio shock-jock Bubba the Love Sponge Clem, BRN Radio and Cox Communications, who were being sued by rival radio personality Todd (MJ) Schnitt and his wife Michelle for defamation. After a two-and-a-half week jury trial trial that sparked a media frenzy, the jury quickly returned a unanimous defense verdict for our clients.