A mock trial consists of two to four panels of mock jurors observing a day-long presentation of case evidence, testimony and arguments from both sides of a case (openings, witnesses, closings, etc). Jurors provide feedback through questionnaires and group deliberations, which are recorded via closed-circuit television and/or viewed live through one-way glass.
Mock Trials reveal core reactions a case generates in jurors. These reactions are often not anticipated from traditional legal analysis. Mock Trial data and deliberations provides essential insight into likely jury reaction. This insight is used to improve risk assessment, witness performance, and to sharpen jury selection and trial strategy.
Online Focus Groups
Not every case is big enough to warrant a full-scale mock trial with all the bells and whistles of a research facility and weeks of preparation and planning. Jury Associates pioneered the creation of easy to use, fast, affordable and realistic online focus groups. Jury Associates online subsidiary, JuryTest (www.jurytest.net), permits counsel to present their cases online in a fraction of the time, and a fraction of the cost, of traditional mock trials and focus groups.
Unlike all other online systems, JuryTest permits lawyers to test not only the basic case stories and evidence, but also the power of their personal presentation style. With the JuryTest system, lawyers can actually record the basics of their opening / closing statements and find out what jurors think, moment by moment, second by second.
Few things are more common and unfortunate than losing a defensible case because the main witness, the defendant, became tongue-tied or dismissive or made inaccurate or unecessary admissions to questions they didn’t expect or were unprepared to manage with skill, precision and authority.
The Jury Associates method to witness preparation involves close conferral with trial counsel to identify the essential areas of inquiry and challenge and conducts a one to three session “boot-camp” for your key witness. This involves teaching key testimonial principles, including brief, potent responses; brief qualifying phrases that diffuse plaintiff lines of attack and a highly potent combination of both experiential and observational learning for the witness.
Dr. Rosen’s psychology-informed approach to witness preparation is unparalleled in addressing not only the witness’ anxieties or other emotions, but also the impact their words and presentation will have on the crucial decisionmakers, the jurors. The results of this work have elicited appreciation and use, particularly in Medical Malpractice cases, from law firms and insurance carriers throughout the United States.
These sessions can be most effective in person. But when time is short or travel is far, these sessions have also been highly effective.
“Thank you, Dr. Rosen, for your invaluable assistance. I’m so relieved by the outcome [defense verdict]. Many of the questions they asked were exactly what we covered in our practice sessions and I was able to handle them in ways that I would never have fathomed without your help.” Defendant Physician after Defense Verdict
Once trial has begun, guessing whether your case is persuading jurors can be disastrous when the stakes are high. Shadow jurors provide invaluable insight as to how the case is playing to the jury. Demographically matched to the actual jurors, shadow jurors observe every moment of trial and provide ongoing feedback by way of daily interviews, reported and analyzed by Jury Associates.
Shadow jury reports permit daily re-assessment of trial risk. In addition, reports to counsel permits finely tailored modifications in trial presentation, informed by what issues shadow jurors find confusing, compelling or in need of further evidence.
Trial Strategy Consultation
Our consultants are experts in identifying and responding to the emotional triggers and preconceptions jurors bring to court.
We combine experience as litigators, psychologists and experienced jury interviewers to help counsel hone their trial strategy to help ensure that juror preconceptions and biases do not interfere with the success of a credible defense.
Juror Exit Interviews
Post-trial interviews provide eye-opening insight into the often surprising bases on which real juries make their decisions.
Whether as a post-mortem to an unexpected loss or hung-jury, this feedback often plays a pivotal role at retrial or in the trial of similar cases. Jury interviews provide an essential reality-check for pre-trial risk-assessment and can be used as an educational tool to improve case evaluation practices.