Why a Mock Trial May Be One of the Most Valuable Tools in Your Case

Why a Mock Trial May Be One of the Most Valuable Tools in Your Case

When you are involved in litigation, it can be difficult to evaluate your own case objectively.

You know what happened. You have lived with the facts—sometimes for months or even years. You know which facts matter to you, which allegations frustrate you, and which evidence you believe should persuade a judge or jury.

But there is an important question that can be surprisingly difficult to answer:

How will someone who knows nothing about your case see it?

That is one of the reasons we use mock trials.

What Is a Mock Trial?

A mock trial is essentially a practice presentation of a case before people who are not involved in the litigation.

Depending on the type of case and the issues involved, attorneys may present key facts, arguments, testimony, documents, photographs, or other evidence to mock jurors or decision-makers. Those participants then provide feedback about what they found persuasive, what they questioned, whom they believed, and how they viewed the case as a whole.

The goal is not simply to predict who will "win."

The real value is perspective.

Your Attorney Knows the Case. A Mock Jury Does Not.

By the time a case approaches trial, the attorneys have often reviewed hundreds or thousands of pages of documents, taken depositions, interviewed witnesses, researched legal issues, and spent countless hours discussing strategy.

That knowledge is valuable—but it can also make it difficult to experience the case the way a judge or juror will experience it for the first time.

A mock trial introduces fresh eyes.

Someone hearing the case for the first time may focus on a fact that the attorneys did not expect to be particularly important. A witness we believe will be persuasive may raise unexpected questions. An argument that seems obvious after months of working on the case may need additional explanation.

That information can be extremely valuable before the real trial begins.

Mock Trials Can Identify Strengths

Clients sometimes assume that mock trials are designed primarily to find problems with their cases. That is only part of their purpose.

A mock trial can also confirm that certain evidence is particularly powerful.

It may show us that a particular witness is highly credible, that a timeline makes the facts easier to understand, that certain documents resonate strongly, or that one argument is substantially more persuasive than another.

Once we know what is working, we can make those strengths a more intentional part of the trial strategy.

Mock Trials Can Reveal Weaknesses—While There Is Still Time to Address Them

Every case has weaknesses.

Knowing those weaknesses before trial is far better than discovering them during trial.

A mock trial may reveal questions such as:

• Is there a gap in the evidence?

• Is an important fact confusing?

• Does a witness need additional preparation?

• Is there an argument the opposing side is likely to make that deserves a stronger response?

• Are we spending too much time on something that does not matter to the decision-maker?

• Is there an issue that creates an emotional reaction we did not anticipate?

These are not necessarily reasons to abandon a case. They are opportunities to improve how the case is prepared and presented.

The purpose of a mock trial is not to make a case look perfect. It is to make the actual trial presentation better.

Mock Trials Can Help Clients Evaluate Settlement

One of the hardest decisions in litigation is determining whether to settle or proceed to trial.

Clients naturally evaluate settlement offers through the lens of their own experience. That is understandable. But litigation decisions also require an objective assessment of risk.

A mock trial can provide another source of information.

If mock participants respond very positively to the case, that feedback may provide useful insight when evaluating strategy. If they identify significant concerns, that information can also be valuable when considering settlement options.

No mock trial can guarantee what a real judge or jury will decide. But additional information can help clients make more informed decisions about risk, settlement, and trial.

It Can Help Us Learn Which Story the Decision-Maker Is Actually Hearing

Trials are ultimately about communication.

 An attorney may intend to communicate one theme while the audience hears something entirely different.

 That is why one of the most valuable questions we can ask mock participants is not simply, "Who should win?"

 We also want to know:

"Tell us what you think happened."

Their answers can be incredibly revealing.

If the mock participants understand the case the way we intended, that is useful confirmation. If they misunderstand an important fact or reach an unexpected conclusion, we have an opportunity to determine why—and adjust the presentation before trial.

There Is Value in Testing a Case Before the Stakes Are Real

Athletes practice before a game. Pilots use simulators. Businesses test products before launching them.

Litigation should not necessarily be different.

A courtroom is a difficult place to discover for the first time that an argument is confusing, an exhibit is ineffective, or a witness is being perceived differently than expected.

A mock trial gives the legal team an opportunity to test, learn, adjust, and prepare before the outcome actually matters.

Should You Consider a Mock Trial for Your Case?

Mock trials can be particularly valuable in complex litigation, high-value cases, cases involving competing versions of events, emotionally charged disputes, and matters in which witness credibility is likely to play an important role.

They can also be useful when a client is facing a difficult decision about settlement versus trial.

At The Law Group, we believe good trial preparation includes more than knowing the evidence and the law. It also means understanding how the case may be perceived by the people who ultimately have to decide it.

A mock trial provides something that can be very difficult to obtain in litigation: an objective perspective before the real decision is made.

If your case may be headed toward trial, ask us whether a mock trial could be a useful part of your litigation strategy.

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This article is for general informational purposes only and does not constitute legal advice. The usefulness and structure of a mock trial will depend upon the circumstances of each individual case.