Corporate defendants involved in complex litigation often face the challenge of keeping trial preparation costs in check while ensuring that the most compelling story is developed to satisfy both the legal burdens defined by the law and the trial jury’s need to understand and be motivated by that story. That’s true in any high-stakes case, but, in complex litigation, jury persuasion takes on different dimensions and requires different strategies for the trial team than in other cases. Complex litigation also necessitates that the defense story be effective in the first case to go to trial as well as those to follow. As a result, jury persuasion in complex litigation requires complex preparation but simple messages.
To translate the complex into the simple, a tremendous amount of thought, research and planning is required. From the early development of the case, trial teams must evaluate the evidence not only from the judge’s perspective but also with the perspective of the jurors in mind. Although understanding the juror perspective can be useful in any case, in complex litigation this knowledge has much wider application, as it can affect more than just one case. Furthermore, factors influencing the outcome in complex litigation, such as variance in attitudes across venues, the length of the litigation life cycle or differing facts across cases, suggest the need for customized preparation strategies.
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