Episode Summary

John and Alicia Campbell join Ben and Rahul for a follow up discussion on the value of Big Data in preparing cases for trial.  John is joined by his business partner, fellow attorney and wife, Alicia Campbell.  John and Alicia discuss their forthcoming book, co-authored with Attorney Sean Claggett, in which they present both the science and practical uses of big data to help trial lawyers make better decisions and achieve better trial results.  In this episode, John and Alicia discuss some of the lessons learned from years of jury research and big data studies; how the data is best used to maximize value at trial; and some of the common mistakes trial lawyers make in case presentation and jury selection that can impact the win rate and verdict value in the case.

About John and Alicia Campbell

John and Alicia Campbell, Campbell Law

John Campbell, JD is a trial and appellate lawyer turned law professor turned jury researcher.

John trained as a trial lawyer under John Simon, a member of the Inner Circle of Advocates, and then went on to become a successful consumer attorney.  John’s verdicts and settlements exceed $350 million.  John has also handled appeals in the Eighth, Second, Tenth, and Fourth Circuit, as well as the United States Supreme Court and a variety of state courts.  Most recently, John served as lead counsel in a series of class actions against municipalities, including Ferguson, Missouri, who engaged in policing for profit.  The cases led to the eradication of many predatory fees targeted at minorities and the working poor.   John remains a member of Campbell Law LLC.

For eight years John served as a professor at the University of Denver Sturm College of Law.  While there, he founded the Civil Justice Research Initiative, dedicated to better understanding jury behavior through rigorous empirical research.  He continues to run CJRI at the University of Denver and teaches as an adjunct professor.

John’s academic work led to demand for him to study individual cases for plaintiff attorneys.  He ultimately founded Empirical Jury.  In only a few years, Empirical Jury has emerged as a cutting-edge firm that uses big data and scientific approaches to equip attorneys to obtain the best result possible for clients.  Empirical Jury has been involved in verdicts in excess of $550 million and is routinely called on to analyze some of the most complex consequential cases in the country.

During the Covid-19 era, Empirical Jury is also leading the way on understanding the Covid Effect through careful data gathering and analysis.  To date, Empirical Jury has surveyed over 1,200 jurors on topics relating to Covid-19, virtual trials, and jury duty.

Alicia Campbell

Alicia started Campbell Law, LLC, in 2009. Prior to that, she worked for a legal services law firm representing people in Social Security and consumer claims. Alicia decided to create her own firm so that she could handle the cases she wanted and give her clients a personal and positive experience.

Since opening Campbell Law, Alicia has tried a mortgage fraud case to verdict in 2010, and she has argued before the Court of Appeals in 2011 and 2013 about mortgage issues. In 2015, she settled a mortgage fraud case in Missouri for $1.5 million dollars. And in 2016, Alicia settled a mortgage fraud and wrongful foreclosure case in Missouri  for $4 million dollars. Alicia has also appeared in front of the Missouri State Supreme Court in 2012 and 2013 arguing on behalf of homeowners, in an attempt to change the unlawful detainer statute in Missouri. She has argued before the 8th Circuit,  and she has also argued before the Missouri Court of Appeals in 2011, 2013, 2014, 2015 and 2016.

In 2018, Alicia was lead counsel in certifying a class action against the City of Ferguson for its use of illegal and excessive fees in municipal court to generate profit.

Alicia takes on mortgage companies and banks, as well as other types of financial fraud. She has pursued mortgage fraud claims for the last 5 years and understands people's struggles when it comes to their homes. She has been voted one of the best lawyers to call "if the bank wants your house." 

She has filed individual and class cases that involve predatory lending practices and schemes by banks and small lenders. She also sues debt collectors, auto dealers, and payday lenders, and has had considerable experience in the employment context, handling employment discrimination claims.

Big Data is a fundamental part of Campbell Law.

More than perhaps any other firm in the country, Campbell Law believes that better information makes better decisions. Campbell Law believes that big data and a science based approach to cases levels the playing field and that it can make any case more valuable. Indeed, John and Alicia operate on a simple rule: Big decisions call for big data.

You can’t decide whether to settle, what jurors to select, what evidence to share, how your client plays, whether to admit some comparative fault, how much to ask for in closing argument, or any of the other myriad questions we all face by relying solely on your gut. You need real answers. And they are available with big data. The methods are now tried and true. Time and again, the methods John and Alicia have developed have accurately predicted verdict ranges and provided insights into how to win difficult cases and to maximize value.

This marriage of big data with trial law came from a happy confluence of events.

John started his journey towards big data while working as a professor at the University of Denver Sturm College of Law. There he became a well-known academic studying jurors. He is a recognized author in the field and continues to produce research to advance justice in courts and legislatures.

Alicia joined the fight as she began to study her own cases using the same principles that informed academic studies. This desire to meld scientific rigor with real world questions produced a company called Empirical Jury. As founders of Empirical Jury, John and Alicia studied cases in at least 40 states, using over 135,000 jurors, across 330+ cases. In only five years they were honored to participate in over $1 billion in verdicts and more than $2 billion in settlements.

Empirical Jury was a wonderful experience, but it was only a first step. Over the last five years, as the plaintiff bar has embraced big data, so too has the defense. PhDs in social science and statistics are now common hires at large defense firms.

So, John and Alicia decided that more was required. At Campbell Law they are driven by three future-looking goals.

To continue to use big data to help attorneys obtain, fine-grained, and powerful insights that help them best serve their clients;

To develop technological tools for the future, including jury selection software, AI that allows deeper understanding of juries, and much more;

To encourage the development of a wider body of knowledge and research regarding jurors and juries. This includes founding the Justice through Empirical Data Institute (JEDI), which will work with Arizona State University to fund important jury research that benefits all of the practicing bar.