financial incentive for responsible attorneys to retain us, and an obvious benefit to their clients.
During your free initial consultation an estimate of the cost of requested services will be given. Sometimes only telephone consultation and document reviews are necessary, sometimes Mr. Nichols and/or others will be dispatched to your location to assist.
What kind of cases do you accept?
While the bulk of Nichols Consulting caseload is criminal cases, we also accept civil cases and have been hired to assist in criminal appeals.
Many attorneys also hire us when allegations have first been made to assist in advocating for clients who may face a civil or criminal matter.
What specific services do you provide?
We provide comprehensive services that are customized to meet your specific needs. Our services may include: Initial case assessment and document review; The formulation of an effective theory of the case; Strategy development; Analysis of evidentiary issues; Analysis of investigative issues; Analysis of witnesses statements, reports and video and/or audio taped statements; Analysis of and assistance with motion practice; Analysis of and assistance with formulating a pretrial strategy; Assistance in the cross-examination of adverse experts and factual witnesses; Assistance in the cross-examination of the alleged victim[s]; Securing and preparing defense experts and rebuttal witnesses; Preparation of your factual witnesses; Legal and forensic research; Assistance in the preparation of opening and closing statements; Jury selection; and other appropriate trial services.
How will an initial case assessment and document review help my case?
There are three answers to this question: First, the structuring of a case’s strengths and weaknesses within the context of defined case strategies is essential to managing the case within a given or projected budget.
Second, defining legal and forensic objectives at the earliest possible stage of a case is the most effective way to insure that critical objectives are met long before the trial date.
Third, the cost of prevention is much less than the cost of rehabilitation. Our national experience shows that mistakes made at the initial stages of the case are the most expensive.
What is involved in the performance of an initial case assessment?
This depends upon the stage of the case as well as the complexities involved. An initial case assessment may simply involve a document review and telephone interviews, or by contrast, a trip to your jurisdiction may be in order. Call Nichols Consulting for a prompt estimate of the work involved for an initial case assessment in your case.
What is the most important factor in the early stages of defending a false allegations case?
Our national experience has shown that the formulation of an effective theory of the case is clearly the most important factor in the early stages of defending false allegations. Understanding what juries will believe in these kind of cases has proven to be both an art and a science. Nichols Consulting has the training and national experience worthy to the task.
For example, conviction after conviction has shown that the following theories fail time and again:
The complaining witness is a liar. Juries believe that while children will lie about a great number of things, sexual abuse is not something they would lie about.
The mother is a vengeful, manipulator who has put the child up to the allegations. Juries do not believe that mothers will, and even if so disposed, that mothers can, orchestrate these kind of allegations. Putting motherhood on trial is simply not a good idea.
The mother was sexually abused as a child and thus she has orchestrated the allegations. Making a mother a victim and then attempting to vilify her is likely to score few points with a jury.
The state’s expert, or interviewer, intentionally tutored the child into making the allegations.
Juries have a much higher regard for mental health professionals and caseworkers than defense lawyers do. This conspiracy theory is rarely, if ever, accepted by juries in these cases.
In the formulation of a plausible theory, from the juries point of view, subtlety counts for everything. Nichols Consulting will efficiently assist you in the development of a theory of the case that most assures you of a successful result.
How will Nichols Consulting help me with strategy development?
In false allegations cases being proactive is essential. Reacting to the state’s lead will always place your client behind the curve and, in effect, playing “catch up”.
In order to begin proactively and stay proactive throughout the case, you must have discovery, pretrial, evidentiary, and investigative strategies that are proactive. That keeps the state in a reactive posture behind the curve.
Nichols Consulting is nationally experienced, in a multitude of circumstances, to provide you with proactive strategies that will give you the advantage.
How will Nichols Consulting help me with evidentiary issues?
Nichols Consulting is regarded by many as being the national leader on the scientific understanding of what is and is not “evidence” of child sexual abuse. This book, and the national work of Edward Nichols, has set the standard by which “junk science” proffered by many “expert” witnesses may be exposed.
Nichols Consulting will guide you, step by step, through the maze of evidentiary issues in child sexual abuse cases. We will put in your hands the hard science that will controvert the state’s witnesses.
How will Nichols Consulting help me with investigative issues?
Prudent case management requires that investigations, whether through the employment of private investigators or through discovery activities, be focused.
The notion that investigations will somehow turn up evidence that will “fit into” the defense is an expensive “needle-in-the-haystack” approach.
Nichols Consulting will assist you to focus your investigative budget so as to maximize effectiveness.
How will Nichols Consulting assist by analyzing witness statements, reports, and taped statements?
Given the forsenic complexities of child sexual abuse cases, attorneys are faced with the prospect of having to hire expert witnesses for the purpose of explaining and/or controverting statements and reports.
One thing is certain, expert witnesses are most interested in being paid to provide testimony. There is no doubt that assessments are colored by the desire to collect fees. Attorneys and juries know this well.
By contrast, Nichols Consulting has no motivation to recommend the employment of an expert witness unless it would help your client. Nichols Consulting does not provide expert testimony. In most cases, we assist attorneys to make the state’s expert their own witness. When expert testimony is desirable, Nichols Consulting will assist you to find the most effective and appropriate expert.
How will Nichols Consulting help me with motion practice?
