Developing a Winning Legal Research Strategy

Today, lawyers bent on winning a cases for their clients can access a wide range of tools to aid in their trial strategy. In terms of research, media analysis, mock trials, focus groups, and public opinion surveys are all useful means for gaining insight into people’s perceptions, and should then be considered when developing the legal research strategy.

Knowledge of people’s views should aid a law firm’s decision-making regarding each phase of case management. Legal research can show whether a trial must be pursued,if the default court is the right court to hear it. If, for example,a review of media reporting on the crime, or a survey of public opinionin a community reveals that the members of the jury may be heavily prejudiced against their client, a legal team can file a request for change of venue.

Research of past convictions in the same community may also uncover helpful patterns that can be a reliable predictor of the results for a lawsuit, while accounting for any changes in the area’s demographic profile, as well as critical events that may have greatly influenced public perception. For instance, a town noted to be predominantly populated by gun-owning conservatives may have radically changed their views on the deeply polarizing subject of gun control following a shooting tragedy in a nearby neighborhood, and it is wise for a law team to thoroughly examine such a change, if they are handling a lawsuit regarding a crime involving guns.Other information that may be culled through careful, comprehensive research would be the typical penalties being meted out against similar crimes, or the usual amount of damages that the aggrieved parties are awarded.

The legal research strategy can cover not just the attitudes of the entire community, but also the composition of jury members. Jury research can be powerful because they can reveal trends in attitudes relation to such variables as age, race, gender, political affiliation, occupation, or religious beliefs of the potential or mock juror. A good strategy also accounts for the impact of context – the social situation in which the decision-making occurs. For instance, it is possible that even when younger jurors have strong opinions about the case, they may defer to the older members of the jury during the discussions.

As for public opinion surveys, good legal teams should have high standards regarding relevance of the study, the validity of the conclusions established, the similarity of the sample’s demographic profile, and the repeatability of the researchoutcome. How was the design conceived, and how were extraneous factors prevented from confounding the study? Was there a strong correlation or cause and effect relationship between the independent and dependent variable? Who commissioned the research, and how does that funding affect the claims being made?

Going through all these concerns in formulating a good legal research strategy can be time- and resource-consuming, making it advisable to seek the help of legal consulting firms such as Dubin Research and Consulting in Manhattan, New York. Visit DubinConsulting.com today to know more.

The Cleveland Cavaliers' Slow Start

The Cleveland Cavaliers have been making headlines left and right to begin the 2017-2018 NBA season. Coming off of three straight trips to the NBA finals, the Cavs are one a losing streak that has seen them lose five straight.  The drama for this franchise started in the offseason where it was rumored that their star point guard, Kyrie Irving, was clashing with LeBron James and wanted out of Cleveland.  This saw the Cavs acquiring Jae Crowder, Isaiah Thomas, and a first round draft pick from the Celtics in exchange for the young super star. Couple those acquisitions with the signing of free agent Dwayne Wade, LeBron’s longtime friend and running mate during their championship days in Miami,  and this team looked as deep as ever. 

It has been quite the opposite.  The Cavaliers are currently sitting with a record of 3-5 and have lost four straight games. They have used a handful of different starting lineups to try and mix and match which matchups were the most effective and none of them seem to be clicking. The worst stat of them all is the fact that the Cavs are 0-4 against non-playoff teams this year as they have fallen to teams like the Orlando Magic and Indianapolis Pacers.  For a team that has had little competition in the Eastern Conference last season, there is little reason to worry.  The Cavs have dominated the Eastern Conference in recent years and have seemingly an easier path this season with many eastern conference all-stars being traded to teams in the West. 

At the same time, Cleveland know they have a difference maker waiting in the wings. While most of the new members haven’t gotten to get their chemistry together, perhaps the most exciting acquisition of the offseason hasn’t even stepped foot on the court yet.  Isaiah Thomas, who was an all-star and leading scorer of the league last season, has missed every game of the new season is expecting a return around December or January.  With a starting lineup consisting of Thomas, J.R. Smith, Lebron, Jae Crowder, and Kevin Love, the Cavaliers have one of the best starting fives in the league.  Arguably even more impressive is their bench depth where they stash capable players in: Derrick Rose, Dwyane Wade, Kyle Korver, Tristan Thompson, Iman Shumpert, and Tristan Thomas.  This team is strapped up and ready to attack offensively. They are able to run and shoot with the best as they have filled their roster with court spacers and ball movers. The matchup combinations for Tyronn Lue is a fantasy basketball strategy dream as he will be able mix and match players whenever he seems fit. 

Ultimately, there is no reason to look too much into this start for Cleveland. Once all of their pieces are healthy and familiar with one another lookout. They have enough star power to matchup with any team in the league and look to be a favorite for a conference and NBA championships again this season.