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Dear
Mr. Marks:
Thank
you for providing assistance to me in regard to the
two Benlate trials which I have recently concluded.
Having worked with you on these two lengthy, complex
trials, I would like to offer my thoughts in regard
to the assistance you provided. First, I felt that the
focus groups you set up for me were extremely helpful.
The duPont Benlate litigation was, of course, extremely
complicated. There were thousands of exhibits to choose
from and many different themes which could be utilized
in a case of this type. I felt that the focus groups
were extremely helpful to me in that they assisted me
in the selection of exhibits, the refining of my theories,
and the orderly presentation of this very complex material.
I also found it extremely helpful to be able to observe
the feedback that we got from the focus group juries
in that it gave me good insight into which theories
would be embraced by the jury and also gave me increasing
confidence in the strength of my case as we approached
trial.
I
was also extremely impressed by the shadow juries you
provided me in the two trials themselves. I really think
that shadow juries are the most useful trial innovation
I have seen in many years. The opportunity to get daily
feedback from a sitting jury is an asset which cannot
be over-estimated. It gave me a great deal of assistance
and a great deal of confidence to know when my theories
were being adequately presented such that they were
being understood by a group of lay persons. It gave
me the opportunity to refine my trial strategy on a
daily basis and also gave me immediate feedback as to
the effectiveness of my opponents in their handling
of witnesses. I did, in fact, make numerous decisions
on the calling, or not calling, of witnesses based upon
what I considered to be the very reliable feedback I
was getting from the shadow jury as to the necessity
of various elements of proof.
Above
all, I was amazed at the accuracy with which the shadow
juries predicted the verdict from the real jury. Both
shadow juries came in with verdicts both as to liability
and as to amount which were virtually identical to that
of the real jury. Having seen this happen twice in a
row, I now believe that shadow juries can also be an
extremely efficient tool for making settlement decisions
during the course of a trial because I believe that
they do prove to be very accurate predictors of what
the actual verdict will be.
I
look forward to working with you again in the near future
on upcoming cases.
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