When most people hear the term “mock trial”, they tend to view it solely as an exercise in trial preparation. However, the lessons drawn from mock trials extend well beyond litigation strategy. The process not only brings a case to life for clients, but also provides valuable insight into juror perceptions and decision-making. Equally important, it serves as an effective platform for strengthening communication and collaboration throughout the litigation process.
Client benefits: Bringing the case to life
Clients almost always experience their cases through written status reports and emails, but a live mock trial changes that entirely. File notes take on new energy when woven into a live narrative, with witnesses, visuals and arguments unfolding in real time, enabling clients to appreciate how each witness, fact and moment fits together. The real time juror feedback also reinforces the reality of presenting evidence/testimony to a jury—that when paired with a witness’s appearance, mannerisms or tone, an innocuous answer in a transcript has the power to bring the room to a halt. Watching the evidence unfold alongside clients serves as a reminder that non-lawyers perceive cases differently, and underscores the importance for trial attorneys to ground their arguments in plain language and to deliver them in a relatable way.
Mock trials also offer a rare opportunity for clients to see jurors react to the evidence and hear their honest feedback in real time. Exposure to real reactions of jurors provides the clients with a valuable perspective. A mock trial may begin with a focus on defending a single claim, but it may quickly become apparent through the process that one of the most valuable outcomes of the exercise is the prevention of future claims.
Lessons for counsel: Beyond strategy
For counsel, the benefits are just as significant. Beyond the valuable information and data one expects to collect, a mock trial also provides the opportunity to refine presentation techniques. Observing jurors engage with the evidence offers a new lens for evaluating the visuals, tone and technical details associated with presenting a case. For example, whether it may be necessary to improve the audio and add captions to video evidence.
Client partnerships
Equally important, a mock trial creates opportunities for genuine connections with clients. In an era of online meetings and brief calls, sharing experiences during a mock trial can highlight the qualities and services clients value in their counsel. Ultimately, clients seek from counsel the same qualities expected from jurors; thoughtfulness, honesty and a straightforward approach that cuts through the noise so they can make an informed decision about the next move. The investment in a mock trial pays dividends long after the final verdict form is submitted. It builds stronger cases, sharper advocates and deeper client partnerships.
Insurance and reinsurance
United States