A mock trial attempts, in an abbreviated way, to simulate what can be expected when a case goes to trial. The usual model is to try to complete a mock trial in one day. We begin with opening statements, put on two or three witnesses, have closing statements, and charge the jury. In some instances, a mock trial can carry over to a second day.
Attorneys determine which aspects of the case are most important and which witnesses must testify. Typically, firm lawyers, clerks, and paralegals become actors in the mock trial, playing the roles of lead counsel, witnesses, and even the judge. Voir Dire organizes the day and keeps everyone “on schedule.”
Once the judge charges the jury, we move to deliberations. Here jurors are left alone to render a verdict.
Though they are alone, they are then monitored and videotaped. The deliberations are followed by focus groups, where experienced moderators attempt to ask questions to exact reasons as to how and why the jury reached the verdict it did.
Throughout the day, we “take the jury’s temperature”. Using questionnaires which tap key arguments, we measure how effective particular arguments are and how persuasive individual attorneys are in making their points. We can do this scientifically by using our electronic polling system. This polling system also makes it possible to get real time responses from the jurors on key arguments. By turning a dial, each juror can indicate when arguments or testimony is persuasive or when arguments and testimony are not persuasive. All of this is overlayed on a television monitor where clients,lawyers, and others can watch the trial in process.
Once the focus groups are complete, there is usually an opportunity for the attorneys to talk individually with jurors, perhaps, to find out just a little bit more. Then, a summary, including statistical analysis, is prepared and submitted within two weeks. Historically, mock trials have made the difference in both the verdict itself as well as in offering opportunities for settlement that might not have been seen before.
Where do jurors come from? Of all questions, this one is perhaps the one most asked. Voir Dire randomly selects potential jurors from the appropriate venire. We do not use professional focus group participants, or any individuals who have actually participated in a mock trial even once. We believe it important that jury selection be as close to the actual process as possible. Our jurors are paid for their time. Oftentimes, mock trials are held in a different venire from the one where the actual trial will be held. We use demographic profiles to identify a "matching” jurisdiction and hold the mock trial there. The most important thing to note about jury selection is that our jurors, in the final analysis, will look like your jurors.
Other Models
There are any number of versions of mock trials. Some are called focus groups, and some equate mock trials with shadow juries. "Shadow juries" are juries recruited to watch the actual trial while it is being tried. Jurors then report their responses as the trial goes along. This gives lawyers a sense or how well or how poorly they are doing, giving them an opportunity to adjust their strategy or stay the course.
The one-day format of a typical mock trial can be shortened to test only opening and closing statements. It is possible to have multiple juries, which can be broken out by various demographic profiles, in order to measure the impact of a particular argument on a particular group. Different juries can be charged differently. Sometimes changing the charge changes the outcome, especially as it affects damages. Voir Dire will help you select the format best suited for your case.
The role of attorneys is critical in designing any one mock trial. There really are no two alike. And because we are an independent firm, neither specializing in plaintiff nor defense work, we are able to learn a great deal from lawyers with very different perspectives.
The Details
Mock trials require attention to details. Voir Dire takes care of all of the logistics and planning. We recruit the jury, schedule the facility (either our own or a facility located in another city), pay the jurors, provide all amenities (meals and snacks), see to all other concerns. Our mock trials are video taped from beginning to end, including the jury deliberations. Clients are furnished copies of all tapes. Of course, clients are invited to view the mock trial. We use facilities which provide two-way mirrors and/or closed circuit television.
Focus Groups
Focus groups share some of the same characteristics as mock trials. Here the methodology for recruiting jurors is similar to the one used for a mock trial. We look for groups of ten to twelve. Focus groups offer a shortened way to accomplish much of what is accomplished in a mock trial. Rather than using a full day’s schedule, the focus group is a two or three hour venture. It can consist of attorneys putting major arguments in front of the jury or using a moderator to discuss the details of the case and have jurors respond. If appropriate, deliberation and debriefing phases can be added. A professional moderator queries the jury on how it reached its verdict.
Community Surveys
Voir Dire also conducts systematic survey research. Community attitudinal surveys are used for a variety of reasons. Sometimes the juror pool is made public in time to conduct a survey of potential jurors. Or, it is possible to develop a survey sample targeted to a particular venire. The utility of these surveys is to ask very specific questions about the upcoming trial. Such surveys can be used to support (or oppose) a change of venue motion, to measure how aware citizens are about the case, what they have heard, and what opinions thay have already formed. A survey methodology makes it possible to construct a demographic profile of jurors most likely to be "plaintiff” oriented or "defense” oriented. These findings can be used by attorneys both in striking a jury and in tailoring arguments to various demographic segments.
Jury Selection
Jury selection services are also available. Here it is possible to have a jury consultant be available at the time of jury selection to assist attorneys in making decisions about potential jurors. Our jury consultants are individuals who have experience in doing this, who understand small group dynamics and who can apply demographic findings and knowledge to the selection of jurors most likely to be favorable toward plaintiff or defense.
Post-Juror Interviews
Post juror interviews are helpful in preparing lawyers for the next case. For example, for those who specialize in a particular type of litigation such as medical malpractice, compiling a history of juror responses to previous cases helps in getting ready for the next case. These interviews are conducted as "executive interviews” where we have a chance to sit down with individual jurors and interview them for approximately one hour. They are asked to discuss the case, to describe the exhibits, to report on the impact of technical and scientific information and how it was used, and to talk about how the jury reached its verdict.
Witness and Attorney Preparation
Witness preparation is also an important service offered by Voir Dire. Different approaches can be used here. Witnesses can be videotaped, and a mock jury can be used to provide important feedback. Speech professionals can be recruited to offer ideas on how to improve the effectiveness of key witnesses. This allows us to make recommendations to attorneys and to witnesses as to how to better present testimony. A similar method be employed to prepare less experienced lawyers to improve their performance as they get ready to litigate the case.
