“Jim Dobson and David Klein of Empirical Creative are the very best jury consultants, and much more. Since they truly understand advocacy and persuasion, and take the time to truly understand your case, they are able to help a skilled trial lawyer integrate the key themes of the case to the likely audience. Their insights into jurors and jury selection are deep, thoughtful and case-specific. They helped us make the most of our jury panel, and select a jury that could understand and accept the key themes of our case, and then advocate and vote for us in the jury room. I am looking forward to the next opportunity to work with them.”
“The world of contemporary trial consulting might be divided between those who work from a model of almost mystical intuition into the mainsprings of human behavior and those who are data-driven. Based on our experience with them over several engagements, the folks at Empirical Creative are unapologetically committed to a rigorous research paradigm that puts advocates in a position to make strategic decisions informed by the best information available. I have no-doubt that as the field of jury and trial consulting matures, it will be in the direction of the latter model and two of its best current practitioners are Jim Dobson and David Klein. They are the first ones I turn to when I want to get an honest read on our chances before fact-finders, be they a jury, a panel or a judge. Their in-house graphics capabilities are top-notch and make transition from the pre-trial research to trial presentation logical and efficient.”
“Empirical Creative provides exceptional, data-driven, client-focused jury consultant services at a fair price. They have assisted me on several occasions with jury selection and mock jury exercises, and never fail to impress. In addition to their terrific empirical insights, they are good people, who we welcome into the trenches of tough assignments, and their written work is accessible and user-friendly. I look forward to working with them again.”
I worked with Empirical Creative on a very complex and challenging health care case in California. The exposure was in the billions of dollars, and the defense was highly technical. The defense team struggled with the question of how to present highlight technical material to the Judge and jury. Empirical Creative was fantastic. Through several iterations of both presentations and graphics, they developed an approach that allowed us to present the technical issues we need to present in a way that our audiences could hear and understand. The results were terrific. The EC team worked tirelessly (day and night for weeks on end) working up new approaches and graphics, and then presenting the work to the client representatives and, ultimately, to mock juries. During this work, I was extremely impressed by the talent and dedication of the entire staff. And I was most impressed with the ability of Jim Dobson and David Klein to work through difficult problems with us under a great deal of stress in a very effective, efficient, and professional manner. The EC team brought an element of creativity to our presentation that I would not have been able to bring myself, and for that I am extremely grateful. If you have a bet the business case, this is the team to have sitting next to you.
“Jim Dobson and Dave Klein, and their team, are A players and better people. They work hard, they are responsive, they put their soul into your case, and their work product is outstanding. It is that simple, and that is the key -- Jim and Dave will help you clear the weeds and tell your client's story with clarity, simplicity, emotion and logic. I have worked with them on a federal jury trial, a complex arbitration against a foreign bank, and a pro bono matter of national interest. Each time, their work stood out. I recommend them with enthusiasm and without hesitation.”
“Among the keys to success in high stakes complex business litigation, is the ability to tell a story to the jury, rigorously consistent with the facts, that places the client in the most favorable light. Over the past 40 years I have worked with a number of jury consultants but none more talented or creative as Jim Dobson and Dave Klein. They work tirelessly and effectively with the trial team and the client to create both the most effective oral presentation and compelling demonstrative graphics to assist the jury’s understanding of complex facts.
Assessing risk and advising senior management and the Board of Directors is a critical function for a General Counsel. The difference between guessing and knowing is research. Instead of relying on guesswork, speculation or groupthink, Empirical Creative puts you in the position, with your trial team, to make informed decisions based upon an analysis of the trier of fact.
It’s a mistake to go to trial without Jim and David as part of the team.”
“Jim and Dave were excellent in assessing trial themes, creating appropriate graphics, and providing meticulous research about prospective juror types. They immediately became part of the trial team and worked seamlessly with us to plan critical mock trials and then evaluations. Their ability to understand the nuances of our defense and to translate those positions into simple arguments was exceptional. Don't go to trial without them!”
“Jim and Dave provided me with tremendous support on a criminal prosecution in a complicated securities fraud trial. Their research was exceptionally thorough, they understand what arguments persuade juries and they can simplify complex arguments so that jurors truly understand and remember your core theories.”
“Jim was an essential member of our team that tried a complex securities case to a jury in the Southern District of New York. In preparing for trial, he contributed concrete, pragmatic suggestions that formed key pieces of our case and helped us to translate arcane concepts to the jurors. He also was extremely valuable in the jury selection process, helping us to interpret background information in order to make intelligent choices. On another matter, involving a series of related cases, we were very pleased with Jim’s assistance in constructing and running mock trials in preparation for trial. This process allowed us to hone our themes, and to evaluate each of the cases for relative settlement value.”
“When it comes to working with trial consultants on the complex matters I litigate, I need to feel confident that the consulting firm I choose will do what it takes to truly understand my case’s core issues and facts. The folks at Empirical Creative have proven to me that they will do the hard work necessary to come in prepared and ready. Their strategic thinking is top-notch, and they have a knack for drilling down to the heart of the matters when it comes to trial strategy and graphics development. They are 100% committed to winning, and make me feel that my case is the most important matter on their minds. The fact that they are also a down to earth group of people is a big plus.”
“Empirical Creative did an outstanding job. They created a mock jury exercise that allowed us to explore the depths of our case in a manner that generated new approaches to our defense. The insights generated by their methodology proved to be invaluable as we prepared for trial.”
“I had the pleasure of working with Jim Dobson and Dave Klein on a complex securities fraud litigation. They are thorough, dedicated professionals and their work was top-notch. They helped structure useful exercises and provided valuable insights into the strengths and weaknesses of our case and how to craft our arguments to appeal to jurors. Their firm was also a great resource for assisting with trial graphics.”
“I was first introduced to Jim Dobson about 10 years ago when we needed some help understanding how to address some potential problem areas in a tough case pending in our home state of New Hampshire. Not only did we win the case, but the jury verdict was the highest damages verdict of its kind in the State’s history. Our firm now turns to Jim and his colleagues at Empirical Creative for our firm’s most important cases. Our confidence in EC stems from their unique ability to grasp the intricacies of complex litigation and isolate the issues that, for jurors, require careful explanation, emotional argumentation or a delicate soft-touch. Unlike other consulting groups whose expertise is either jury consulting or trial graphics, Empirical Creative truly integrates the two. Each and every critical issue they identify as important from a jury consulting perspective is translated into graphics to ensure that jurors ‘get it.’ That they are personally a pleasure to work with is just bonus.”
“I worked with Jim Dobson in a lengthy libel trial and have found that his assistance was simply excellent.”