Trial Run Inc. has recently consulted for a law firm and its firm of expert witnesses, to prepare the expert for testimony in Daubert hearings to determine the admissibility of the expert's complex economic testimony. Trial Run Inc. worked with the trial attorney to re-structure the examination to emphasize the expert's reliance on established methodology, and then reviewed the testimony with the expert to identify opportunities to clarify the economic testimony with charts, visual aides and other illustrations. The expert utilized a Trial Run-created PowerPoint™ presentation to keep the Judge interested and the testimony on track.
In a recent series of antitrust cases in which Trial Run Inc. consulted, we provided courtroom advocacy training to young attorneys and then reviewed expert testimony with those attorneys and the actual experts, providing both with live, in-context experience. We assisted in creating new exhibits and in identifying documentary evidence that required electronic enhancement and presentation to make an appropriately strong impression. Trial Run Inc. drilled the attorneys and witnesses in handling the visual exhibits and computer presentation hardware and software, and we developed the illustrative and other visual exhibits to present the concepts clearly. We assisted the expert witnesses in giving clear and interesting testimony and in coordinating smoothly with the attorneys and the evidence in the high-tech courtroom.
For a defendant in a mass tort context, we conducted "autopsies" of recent cases in different parts of the country — interviewing local and regional counsel, evaluating expert witnesses and exhibits, examining staffing and presentation skills, and reviewing pre-trial preparation — to determine the reasons for the results and recommendations for changing future trial presentations.
Shortly before trial, Trial Run was retained on behalf of a national accounting firm to review the expert positions of both sides and provide an analysis with settlement recommendations. The analysis involved reviewing thousands of pages of deposition transcripts of economic experts, both academic and from the private sector. Numerous expert reports which had been filed with the court were also analyzed. Trial Run prepared an analysis and report which provided the basis for constructive settlement discussions.
Trial Run consulted with a large agricultural cooperative to evaluate a dispute involving insurance coverage. Among other things, we attended and evaluated a mock opening statement presentation and brainstorming session during which all sides set forth their respective positions. We also reviewed key trial exhibits and made recommendations as to how to present the case in a more compelling and jury friendly manner.
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