Encyclopedia of Psychology and Law

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consultation and trial strategy, witness preparation,
jury-related services, or presentation and technology-
related services. Trial consultants who specialize in
trial strategy often have a foundation in social psy-
chology and communication and a solid understand-
ing of law and legal procedure. Those who specialize
in witness preparation may have a background in the-
ater, communication, or counseling. Consultants who
specialize in jury-related services such as jury selec-
tion or community attitude surveys typically have
experience with social science research methodology
and statistics as well as a foundation in social psychol-
ogy. Finally, trial consultants who specialize in pre-
sentation and technology-related services tend to have
a foundation in graphic art and communication. Of
course, there are trial consultants who offer the full
gamut of services. Thus, trial consultant training is
quite diverse, reflecting the umbrella of services that
consultants may provide and tapping into a range of
disciplines.

Academic Preparation
Most successful trial consultants have graduate degrees
in the social sciences, with a doctoral degree in psy-
chology (particularly clinical psychology or psychol-
ogy and law) being quite prevalent. In these types of
academic programs, students acquire valuable skills in
research design and methodology as well as in qualita-
tive and quantitative data analysis. Graduate programs
in the social sciences, particularly psychology, typically
provide students with a solid theoretical background as
well as research experience. These are particularly
important for consultants who provide jury-related ser-
vices such as mock trials and community attitude sur-
veys. Analytical and communication skills are also
valuable skills that can be honed in graduate programs
in the social sciences, although other types of training,
such as law school, can provide these as well. Some
trial consultants assist their clients with mediations and
arbitrations, so an understanding of the theories and
applications relating to negotiations and conflict man-
agement is often helpful.
There is no clear academic path for individuals
interested in trial consulting. Currently, there are no
known academic programs that are dedicated to train-
ing future trial consultants. Appropriate academic
preparation depends on the types of services that the
individual plans to offer. For example, a person inter-
ested in focusing on graphics or demonstratives (e.g.,

developing day-in-the life videos of someone with a
serious disability, designing illustrations to be used at
trial) would need different training from someone
who is more interested in conducting jury research in
the form of posttrial interviews. In 2007, several uni-
versities offered masters and doctoral programs in
psychology and law, forensic psychology, or related
disciplines (e.g., Florida International University,
John Jay College of Criminal Justice, and some other
institutions offer relevant courses). A few of these pro-
grams offer a combined J.D./Ph.D. degree (e.g.,
University of Nebraska at Lincoln), although it is not
clear whether the dual degree constitutes a superior
academic path for those interested in trial consulting.
It is important to note that familiarity with the law
and legal procedure is crucial, regardless of the nature
or scope of the services provided. Attorney clients do
not expect trial consultants to be legal scholars, but
they do expect a functional knowledge of the law and
a solid understanding of legal procedure. A careful
read of relevant texts as well as in-court observations
of proceedings is strongly advised.
The level of academic training that trial consultants
should have depends on the level of responsibility and
the type of work. For example, a master’s degree in the
social sciences should suffice for someone working as
an associate or assistant to a more senior trial consul-
tant. A doctoral degree in psychology or the social sci-
ences provides valuable academic preparation for more
senior-level positions, as well as the type of credentials
that attorney clients often value. It is not clear whether
graduate training of any form would be necessary for
someone working in graphics or presentation-focused
aspects of trial consulting. Proficiency in the appropri-
ate software and graphic arts coupled with a back-
ground in communications should be adequate.

On-the-Job Training
Most trial consultants tend to acquire hands-on train-
ing by working for a consulting firm. This experience
provides an invaluable opportunity to learn about the
profession, the business, and the clients. Working with
more experienced consultants can help individuals
learn about best practices and gather their own sense
of what works best. Moreover, many seasoned trial
consultants have considerable insight into how jurors
respond to certain types of arguments or evidence,
particularly if they have worked on a particular type of
case for a long time (e.g., medical malpractice cases).

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