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Social Media Sentiment Mining and Analysis: A Peek Inside th

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Ryan Steven

on 6 April 2014

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Transcript of Social Media Sentiment Mining and Analysis: A Peek Inside th

Nearly 25% of the world's population uses social media.
73% of all American Adults use social media.
Therefore, most jury eligible Americans are social media users.
I. Introduction
Attorneys fear the unpredictable nature of the jury.
Litigators have reservations of leaving important legal issues up to the jury.
Often leads to attorney's urging their clients to settle early.
II. Jury Unpredictability
Modern Approach to Jury Investigation: The Digital Revolution
Why Do Juries Arouse Such Anxiety?
Concerns presented when people of different insights and congregate to decide on a group verdict:
Don't offer attorneys the conveniences of the more predictable judicial decisions.
Possibility of outright bias against one of the litigants.
Bias particularly prevalent in high-publicity court trials.
Social Media Sentiment Mining and Analysis: A Peek Inside the Minds of Potential Jurors
By: Ryan Stratton
Navigating the Unpredictable: Traditional Approach to Juror Investigations
The Rise and Fall of Trial Consultants
The Rise of Trial Consultants
Attorneys began to use trial consultants in 1970
Trial consultant research methods:
Community surveys
Creation of juror profiles
Mock trials
Interpretation of juror verbal and nonverbal communication during voir dire
III. Utilizing Social Media Sentiment Mining and Analysis in Juror Investigations to Predict the Unpredictable Jury
Source: Statista Charts and eMarketer.com
Well-establish practice for attorneys to investigate the prospective jurors.
During 20th Century, attorneys relied on:
law enforcement
private investigators
juror investigation service
Investigator research methods included:
reviewing jury books
researching newspapers and public archives
speaking with neighbors of jurors
following jurors throughout the day
The Fall of Trial Consultants
Reasons attorneys stop using Trial Consultants:
Expense and time
Juror privacy rights
Reduction in jury duty duration
The invention of the internet has revitalized the practice of juror investigations.
Digital juror investigations offer insight into potential juror opinions giving attorneys a strategic advantage at trial.
Research methods include:
Performing a name search in a web-based search engine
accessing social networking sites, blogs, and online databases
Attorneys can enlist and utilize the media and public as their own juror investigators.
What is Social Media Sentiment Mining and Analysis?
VI. Limitations on Pretrial Investigations of Potential Jurors
Definition: Automated computer software used for the detection of opinions and sentiment from free text found in social media.
Started in 2010.
Research area was partly motivated and commonly used for commercial purposes.
Customer feedback for businesses.
Framework of Sentiment Analysis Software
In Layman's Terms:
1) Detects which text segments contain opinions
2) Classifies the polarity and perhaps strength of that opinion
Framework of Sentiment Analysis
Social Media Sentiment Analysis At Trial
How do attorneys benefit from sentiment analysis?
Enhances jury selection process.
Reveals powerful themes influencing jurors.
Gives insight into appropriate trial strategy.
Social Media Sentiment Analysis: A New Frontier For Trial Consultants
Sentiment analysis has rejuvenated the trial consultant industry.
Enables consultants to tap into the opinions of millions to assess their insights on case issues.
Use information gathered from sentiment analysis to test an attorney's:
Courtroom presentation
Trial Theme
Opening Statement
Direct Examination
Witness Testimony
Closing Arguments
IV. New Development: Jury Profiler App
V. Overcoming Juror Privacy Objections
Recent study indicated that 43% of people believe that sentiment analysis invades their privacy.
"Most people dread jury duty-partly because of privacy concerns.
Juror encroachment of privacy is not a new concern.
Private investigators used techniques like:
Following potential jurors
V. Overcoming Juror Privacy Concerns
Historically intrusive techniques=greater threat to juror privacy.
Sentiment analysis tools are subject to the privacy settings of the network.
Independent Newspapers v. Brodie
"The act of posting information on a social networking site, without the poster limiting access to the information, makes whatever is posted available to the large."
Research indicates most jurors would consent to anything that made jury duty less painful.
Ethical Restrictions:
Addressed by the Professional Ethics Committee of the New York City Bar Association:
An attorney may conduct juror research using social media websites but cannot engage in communications with jurors.
An attorney may not engage in deception or misrepresentation when researching jurors.
VI. Casey Anthony Trial: Provides Four Steps to Effective Courtroom Strategy
Dubbed the social media trial of the century.
Social media networks were abuzz with comments and opinions about the case and its various aspects.
Trial was fully covered by the media, and interactive websites about the trial were posted before, during, and after the proceeding.
Trial Consultants, Inc., a leading consultant company, performed a social media sentiment analysis of the trial, which provided the following four step framework for an effective courtroom strategy.
What are the Steps to an Effective Social Media Courtroom Strategy?

A trial consultant or social media researcher can utilize four steps for a winning courtroom strategy:
1) Audience gathering
2) Engaging
3) Listening and analyzing
4) Responding
1) Audience Gathering
Involves three key aspects:
who is out there online, and what they think and feel about the litigation issues you wish to evaluate.
planting specific ideas about your case with your audience.
collecting the comments and opinions of your audience members and using this information for your research.
2) Engaging
Best way to engage people online= provide information on topics that engage them.
Ideal individuals that you want for your online social media research:
Look for people who comment online about the specific issue that you target.
Secret Facebook focus groups
: .
Can cherry pick individuals from the groups to engage in conversations via private IM chats, and thus secure additional insights concerning how jurors will view the case.
: Keep the Ethical Limitations in Mind! Attorneys are not permitted to communicate with prospective jurors
Pay close attention to what online commentators have to say about key issues.
Carefully analyze these comments to draw reliable – and actionable – meaning from them.
This is where sentiment analysis comes in:
How audience feels about legal issues is closely predictive to how jurors will actually decide the case.
3) Listening and Analyzing
4) Responding
Consultant comments (responds) to initial comments from online users.
Comments spark an entire repeat cycle of commentary from the online audience.
Empowers online users to spread their message, which allows for additional audience gathering.
You then follow this by additional engaging, then more listening and analyzing, and then even more responding.
Keep going through this feedback loop, over and over:
Every time you're getting an increasingly precise and reliable fix on how people think and feel about the case.
VII. Conclusion
Litigators on either side of the aisle will like what social media sentiment analysis has to offer.
Enhances jury selection and trial outcomes.
Fast, cost effective and offer a menu of resources for the law firm.
In essence, allows access to tens of thousands of surrogate jurors to use as an electronic shadow jury.
Advantage over opposing counsel in trial.
Sentiment Analysis Works!
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