In today’s legal landscape, opportunities for junior attorneys to gain trial experience are increasingly limited. With only a small percentage of cases going to trial (estimates for federal civil cases in 2023 suggest fewer than 1 percent), newly admitted attorneys face delays. The high costs associated with trials and the rise of nuclear verdicts (such as jury awards exceeding $10 million) have made clients understandably risk-averse, often preferring to rely on seasoned partners when trials do occur.
Despite these hurdles, there are still valuable avenues for junior attorneys to develop trial skills. While pro bono work remains a conventional path, participating in mock trial exercises offers a unique and practical opportunity to hone trial strategies. These exercises, which can include full or limited mock trials and focus groups, simulate real trial experiences.
To be selected for a mock trial opportunity, junior attorneys should pursue opportunities for volunteer assignments, demonstrate a thorough understanding of the case facts, and grasp the strategic narrative. Once involved, it is crucial to take comprehensive notes during jury deliberations, incorporate feedback, and embrace the learning opportunities that come from both successes and failures.
Here, we outline the fundamentals of mock jury trial exercises and the role of jury consultants and offer tips for succeeding in these exercises.
A mock jury exercise serves as an evidentiary presentation of the dispute to a group that closely resembles the jury pool expected to hear the actual case. During a mock jury exercise, both sides present opening statements and closing arguments, introduce key documents, and use visual aids, such as timelines, tutorials, and thematic graphics.
Key witness testimony is also featured to provide a comprehensive view of the case. Mock jurors are then surveyed for their reactions, receive jury instructions, and deliberate using a verdict form. Observers, including attorneys and trial consultants, watch these deliberations through two-way mirrors or monitors, and the entire exercise is recorded for further analysis. This exercise is designed to test juror reactions and uncover the influences that drive decision-making.
Jury consultants play a crucial role in facilitating post-deliberation discussions. They interpret the results and provide feedback on trial strategy, witness preparation, and presentation adjustments. Because the primary goal of a mock trial is not to secure a win but to gain insights into how jurors perceive complex issues, how they are persuaded by arguments, and how attorneys can refine their strategies accordingly, jury consultants contribute critical analysis on juror perceptions.
A few considerations in choosing the most suitable jury consultant may include the consultant’s experience in jury trials within the specific venue where the case will be tried and familiarity with the local jury pool and court procedures, as well as past experience in cases related to the specific subject matter. Prospective jury consultants may also provide a sample report and recommendations for review of the nuances and complexities of the issues at hand.
As junior attorneys approach a mock jury exercise, some key strategies and considerations for them to ensure a valuable experience are thoughtful preparation and professionalism.
Be prepared. Junior attorneys should be prepared and view the mock jury exercise as if it were a real trial. To do so, as supporting team members, they should know the facts of the case, outline arguments, and identify the key exhibits and documents to be introduced into evidence.
Pay attention to detail. Junior attorneys should review presentations and materials for errors, inaccuracies, or typos. While it may not seem important, a small error could take jurors’ attention away from the important issues at hand.
Listen, listen, listen. Strong listening skills are critical and contribute to a better understanding of the nuances of the case. This is particularly important during jury deliberations, where listening to questions and discussions among mock jurors provides guidance on the strengths and weaknesses of arguments and evidence, as well as insights into group decision-making. Junior attorneys should observe arguments and juror deliberations closely.
Be a team player. Part of this experience requires you to be flexible and assist where needed. Make sure to also work with the jury consultants so they have what they need. As a member of the mock trial team, you want to ensure everything is running smoothly.
Have fun. Finally, remember to enjoy the experience! Mock jury exercises are not only a learning opportunity but also a chance to engage with the intricacies of trial work in a supportive environment. This experience can be as fun and rewarding as you make it. Good luck!
