As my consulting practice evolves, I’m finding that a good deal of my time is spent on the “smaller” tasks – which is wonderful considering that my goal is to bring some level of consulting to every size case. While most attorneys I work with don’t have the budget for focus groups, they often call asking for a couple hours of my time to talk through a case and strategize, sometimes as early as case intake and as late as a couple days before trial (obviously, the earlier I’m contacted, the more helpful I can be as I’ve been known to completely change the direction of a case and at some point it’s simply too late to implement).
During a case analysis, various issues related to the case may be discussed. Generally the conversation takes on a life of its own but feedback often spills into areas such as suggestions for opening or closing, jury selection questions, areas where jurors are likely to have problems, how to fill in gaps in evidence, what themes to focus on, how to articulate damages, whether to have a client present at court, order of witnesses, which issues to bring up early, formulation of Rules, and many other such topics.
I also get asked to edit opening statements which takes anywhere from a couple hours to 10 hours of my time going back and forth with the attorney to hone in on the details that make such a huge difference.
Because of the outcry for these services, I have started offering a new service package on a first serve basis. I have a couple of local clients but am now opening up the offer to anyone else nation-wide who would like to partake. I will only take on a couple more firms or individuals for this offer.
I have always argued that consulting should not be only for high end clients, but should be of benefit to every size case and even for mediation preparation. If attorneys had a better idea of how jurors are likely to react to their case, settlement offers would be more advantageous depending on what hidden dangers or benefits were discovered early in the process. This is one of my attempts to benefit all sized clientele.
WHAT IS THE PROPOSAL?
The proposal offers a base monthly fee for unlimited case strategy/case analysis and editing of opening statements. Note that this is not meant to be an on again, off again agreement for months when you feel you have a high volume of work. This is meant to be ongoing – for you to have me on hand in your back pocket on every case. Rates range from $1,250/month and up. There are different ways to structure the pricing – by firm or by individual – so contact me and we can discuss how to tailor this to meet your needs. Services beyond opening statements and case analysis are not included in this proposal.
WHAT YOU GAIN:
- Unlimited access to me for all your cases. No need to wonder if your small case has a budget to allow for a consultant – it will already be paid for.
- No need to hesitate to pick up the phone or send an email with any quick or complicated question about the strategy of your case.
- Assist in case intake to know the problems, or unique solutions needed, with your case before you accept it and questions that need to be answered before investing your time and resources.
- Help with a critical part of trial, opening statement (to get jurors on your side early) will already be budgeted and paid for.
- Get feedback before mediation so that you know what to argue and what a jury is likely to have problems with regarding your case. This can help you hone in on a reasonable settlement value.
WHAT OTHERS FOUND BENEFICIAL:
Attorneys have found that integrating these concepts early in cases, as part of mediation and in smaller cases has great benefit. There is simply no reason why trial strategy should be limited only to large cases. Here are some quotes about these services from attorneys I have worked with:
- “I have been doing these trials for more than forty years and I can’t tell you the number of times Jessica has unlocked the powerful secrets in one of my cases…She quickly gets beyond the legalese and gives you the themes needed to catch the jury’s attention.” Jim Gilbert
- “I just want to strongly urge/suggest that if you are headed to trial, spend the money – even an hour or two, on Jessica to go over some aspect of the case…It’s going to lead you down a path or provide you with some insight, viewpoint or strategy that you never considered because you can’t see the forest through the trees. It will be worth every penny. As a sole practitioner, I can’t afford to focus group every case, but I certainly intend to use Jessica for even the middle cases and consult with her for a few hours on the smaller value cases…If you use any of Reptile, Rules of the Road, or David Ball in your case, you NEED to at least get on the telephone with her even if you initially don’t have an idea of why or how it will help. It will help your case and translate into real dollars that will be far, far in excess of what she will cost.” Todd Travis
- “Jessica helped craft my voir dire and opening statement. If I can take one positive from this case, it was that the jury reported being convinced by the end of my opening statement that the Defendant was negligent and focused on damages from the beginning…I made a promise to get her involved sooner on the next case.” Andrew Newcomb
- “It was extremely beneficial to be able to talk to Jessica about framing the damages argument in a case where the non-economic damages were the most difficult aspect to enunciate. I found her thoughts on the subject to be cogent and outside the box and I used much of her input in trial.” David Webster
This is a great way to bring in a consultant on any sized case. Because you will have already paid for my time on a monthly basis, you do not need to consider whether any one case has the budget for some consulting help – you will have the help in place for all cases. Please call with any questions or issues you’d like to discuss, including ways to individualize this to your firm’s needs.
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