A very valuable but under-utilized tool, is the post-verdict interview. Few lawyers want to
spend the time or money to find out why they lost. Also, many lawyers who win cases will not take
the time to find out why they won and what the jury really thought of them. In our 20-plus years
in this profession, we have found the post-verdict interview to be the most humbling and insightful
of all the lessons learned. We are constantly amazed at the subtle nuances on which jurors pick
up and the wisdom of the collective I.Q. We are more convinced than ever of the wisdom of the
old adage: You can fool some of the people some of the time, but you can't fool all of the people
all of the time. In our profession, this could be modified to say that: You can fool some of the
jurors some of the time, but you can't fool all of the jurors all of the time.
Post-verdict interviews consist of a trial consultant contacting the jurors and asking a variety
of questions about the case, the lawyers, the evidence, and the witnesses. This is a particularly
helpful tool if counsel has a series of cases involving the same type of litigation.
The cost of post-verdict interviews is a function of how much detail the lawyer seeks to
obtain. The cost of post-verdict research in which we have been involved has ranged from
$3,000.00 to $10,000.00. We believe that post-verdict interviews should be attempted in every
case in which the jurisdiction or rules allow contact with jurors after a case has concluded. It is
sufficient if the consultant determines who the most verbal, outspoken and articulate jurors are,
contacts those individuals, and then writes a thorough report.
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