It is late Friday afternoon in Berkeley, California, as trial consultant
Patrice Truman gets on a crowded bus. Truman looks with interest at her fellow
passengers. They come from just about every walk of life. Most people would
just see a tired after-work crowd. Truman sees a potential jury pool.
"Most of my friends are lawyers," says Truman. "That can get really narrow.
I look for ways to put myself in touch with people I would not normally have
the chance to associate with, just to watch and listen.
"Riding the bus is one way I can do this. I try to get a sense of the area,
the people's attitudes and feelings. It takes a willingness to observe
and communicate with people. You have to be a people person and you have to
be perceptive," says Truman. "You have to have a certain quality."
Matt Milano is vice-president and chief operating officer of a trial consulting
firm. He calls that quality being "out there."
"For any kind of consulting, you have to be pretty out there," he says.
"I think if somebody just wants to do the research and isn't able to
market the business, they aren't going to be very successful as a trial
consultant.
"It's like a lawyer who doesn't bring in the clients. Some lawyers
are very knowledgeable about the law, but if they don't bring in and
keep clients, they simply won't make partner."
J. Thomas Dalby is a trial consultant and clinical psychologist. "The main
purpose of most trial consultants is to sell a product," he says. "And that
product is the legal argument made. A story has to be told that is coherent,
believable and persuasive."
"You're in the spotlight with your opinion," says Milano. "Ultimately,
to be successful, you've got to be able to market your opinion. You have
to have confidence if you're going to convince them your opinion is credible."
A good trial consultant is able to do this by using solid research techniques
to support his or her opinion. Trial consultants have to be able to show the
attorneys why they advise a certain course of action.
Having a natural ability to communicate with people and market your opinion
is not enough. You need the training and skills to do the research.
"Most trial consultants have some relevant background in psychology and
law," says Dalby. "Like most professions, it is reputation and prior experience
that count in gaining clients, not a flashy brochure with unrealistic promises."
Dalby adds that psychology and communication studies are the best disciplines
to master for this career. "My advice to anyone seeking a career is to do
what interests you," he says.
"With trial consulting, this usually isn't a problem because we are
all interested in trials. That's why all those TV shows about lawyers
are so popular. While some training in the law is a requisite, a trial consultant
is not a lawyer. What we bring to the table is information that lawyers do
not have."
Truman has a background in communications as well as a law degree. She
says it isn't necessary to have a law degree, but you should have some
training in law. "I can speak lawyer-speak," she says. "I've often thought
that if you've not had training in the law, you would be lost in all
the terms and procedural steps."
Truman sees trial consulting as a perfect way to combine her background
and experience. In addition to her education and experience in communications
and law, Truman points to her time working with an ad agency as helping her
prepare to be a trial consultant. There, she gained valuable experience working
with focus groups.
"It is hard to get in," says Truman. "In a way, it is a very closed profession.
They don't want too many. Take communication courses, some psychology,
take writing. Make sure you're a good concise writer and like to write
-- because there is a lot of writing. You also have to like public speaking,
because it involves a lot of speaking. You should also have an understanding
of statistics."
Milano encourages people thinking of becoming trial consultants to talk
to people in the profession. He says he has seen some people try to get into
it for the wrong reasons.
"I've seen some disenchanted academic or clinical psychologists think
this a good way to make more money with their skills," he says.
"But they think of the research in the sense of academic research. They
want to research, analyze and re-analyze. But this is applied research and
it takes a different approach."
If you don't have the personality for it, he says, you can't
do it.
You should be prepared to work hard as a trial consultant. "For example,
you have to be willing to travel. I travel a lot," says Milano. "That may
seem exciting, but if you've got a family or other concerns, it's
a problem."
The pressure for trial consultants to perform is constant. Milano points
out that there is always a lot at stake in a trial where trial consultants
are called in.
"It is very expensive to just set up something like a mock trial. So even
supposing you offered your services for free, you still have to have your
client willing to pay to set up these studies."
Big money means big cases and big pressure.
"It can be fun, but it is a lot of pressure," says Truman. "Your reputation
is always on the line, in part because there is a lot of money on the line.
That may seem super glamorous, but it just is not super glamorous. Because
if things do go wrong, some attorneys are willing to see you as the fall guy."