As a profession, litigation consulting sometimes faces a fluctuating level of credibility within the legal community. At times, trial attorneys question the necessity and even the validity of some trial consulting techniques. Similar to the blowback psychologists encountered at the birth of their field, uninformed naysayers have readily utilized the terms “fluff science” and “voodoo” to describe our work.
In my opinion, this is not an accurate description. While I have anecdotally heard of incidents of litigation consultants ignoring a full analysis of questionnaire results in favor of “the gut feel”, I believe that most would agree that carefully reviewing all collected data is crucial to providing well-founded recommendations.