Preface
In the
mid-seventies, social scientists began using their skills to help
lawyers with jury selections. In 1976, the Team Defense
Project, Inc. was started. This group, of which the author was one
of the founders, was the first organizations of lawyers to
associate a social psychologist as a major and integral part of
the organization and litigation team. Admittedly, the focused use
of the psychologist was very narrow in the beginning years of Team
Defense, but this changed. As it became more difficult to win
death penalty cases with jury trials and as the integration of the
skills of a psychologist became more comfortable to the lawyers, a
metamorphosis began, where the function of the lawyers became more
real-world related and the function of the psychologist became
more legally oriented.
Through
several skilled pioneers in jury consultation work, the concepts
of a litigation team became common place. The assistance of a jury
consultant is now considered a near necessity in major litigation.
Sadly, there has been little advancement in the understanding of
the global aspect of representation nor has there been an
increased understanding of the many arenas in which to resolve
disputes.
There
is a distinction between a litigation team and a representation
team. When we advance to understand the full meaning of
"representation," the skills we use will also advance.
Only recently, have we begun to understand the distinction and
advantage of a litigation team as opposed to a trial team. In
recent years, the concept of a litigation team has been greatly
expanded and the team now includes appellate and scientific
experts as integral parts. Soon, we will see representation teams
that have an even greater diversity of specialists.
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