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Trial Consulting$
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Amy J. Posey and Lawrence S. Wrightsman

Print publication date: 2005

Print ISBN-13: 9780195183092

Published to Oxford Scholarship Online: April 2010

DOI: 10.1093/acprof:oso/9780195183092.001.0001

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Trial Strategies and Procedures

Trial Strategies and Procedures

(p.97) 5 Trial Strategies and Procedures
Trial Consulting

Amy J. Posey

Lawrence S. Wrightsman

Oxford University Press

When the decision is made to proceed to trial, the attorney’s strategy becomes relevant, beginning with construction of the opening statement, followed by presentation of evidence, questioning of witnesses, and closing arguments. Attorneys might look to various professional sources, such as Trial magazine, for advice on such things as timing and style of delivery of the opening statement, or appropriateness of an aggressive cross-examination. However, attorneys are also increasingly turning to trial consultants to assist them with trial strategies. This chapter describes the elements of a trial and evaluates the overall state of the research on jurors’ responses to various trial strategies. It then examines specific techniques used by attorneys at each stage of the trial, and evaluates the recommendations of trial consultants and legal professionals alike in light of empirical-research findings. Finally, it discusses the utility of attorneys’ turning to trial consultants for assistance with their trial strategies.

Keywords:   trial consulting, trial consultants, trial strategy, legal strategy, attorneys

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