Someone who acquires training under the tutelage of
a consultant who has built a practice around certain
types of cases would likely acquire specialized knowl-
edge in that area, which is probably difficult to obtain
in other ways.
It is in the courtroom that novice trial consultants
often obtain considerable insight into courtroom
dynamics, trial strategy, appropriate behavior, and the
idiosyncrasies corresponding to some state and fed-
eral courts. By observing hearings and trials from start
to finish, a novice trial consultant who is working as
part of a trial team acquires know-how that is proba-
bly difficult to obtain in any other way.
On-the-job training can also help individuals learn
about the business of trial consulting, including how
to market and sell trial consulting services as well as
meet the needs of clients. Such hands-on experience
helps consultants provide answers to clients’ ques-
tions. For example, a client may wonder whether
jurors will understand the testimony of a scientific or
technical expert in a complex civil case. A trial con-
sultant might suggest some witness preparation to
help the expert deliver the information clearly and
convincingly in a way that fits with the themes of the
case and to prepare the witness for cross-examination.
The consultant might also recommend some demon-
stratives or exhibits to help the witness convey com-
plex information clearly and help jurors use the
testimony and evidence as intended. Additionally, sur-
rogate jury research might test, among other things,
the extent to which mock jurors understood the
expert’s message and incorporated that evidence into
their decision-making process. Of course, clients do
not always have unlimited resources, so successful
trial consultants learn to devise solutions that meet the
needs and fit within the constraints that clients bring
to the table.
Trial consultants must also successfully manage
clients. Understanding client needs and managing the
complex interpersonal dynamics and political issues
that can emerge when working among attorney
clients, corporate clients, support staff, and others is
important. Depending on their practice, trial consul-
tants often find themselves working with multiple
clients, such as corporate defendants and insurers,
who do not always share the same goals. These are the
types of situations that test consultants’ skills in diplo-
macy, conflict management, communication, and crit-
ical thinking. As another example illustrating the
importance of understanding client needs andpolitics, trial lawyers sometimes hire trial consultants
only to be able to blame them for providing bad
advice if the verdict is unfavorable. Such practices are
probably uncommon but reflect the importance of
being able to understand the trial consultant’s role in a
particular situation. Generally, trial consultants tend to
acquire and hone many of these competencies through
hands-on experience.
Finally, some successful trial consultants have built
their practice entirely on their experience and have no
relevant academic credentials. These consultants pre-
sent a compelling argument when they point to their
repeat clients, who are pleased with the level of ser-
vices they provide. However, it is likely that in the
future, trial consultants who acquired their knowledge
and skills exclusively on the job will face increasing
challenges in providing cogent answers to questions
about statistics and methodology from increasingly
sophisticated clients.Continuing Education
Trial consultants need to update their skill set and
remain up-to-date with current best practices and
developments in the field and changes in the law.
Clients are becoming increasingly sophisticated with
regard to social science and technology, so trial consul-
tants are additionally motivated to keep up with profes-
sional developments. For continuing education, trial
consultants in the United States typically turn to the
American Society of Trial Consultants (ASTC). Every
year, the ASTC organizes a conference where trial
consultants can take “Trial Consulting 101” and can
discuss emerging trends and findings with seasoned
experts. Other related professional organizations
include the American Psychology-Law Society and the
Law and Society Association. The annual meetings of
these organizations sometimes provide useful informa-
tion about scientific findings that are relevant to trial
consultants (typically relating to jury behavior).Certification of Trial ConsultantsThe ASTC has considered the merits and drawbacks
of certification for trial consultants. Considering the
diverse nature of the services as well as the swift
changes that technological advances can bring, the cur-
rent state of the profession in the United States excludes
any professional certification or state licensing.816 ———Trial Consultant TrainingT-Cutler (Encyc)-45463.qxd 11/18/2007 12:44 PM Page 816