A jury trial simulation is a process by which attorneys present abbreviated versions of a civil or criminal case to a mock jury. The jury deliberates and renders an advisory verdict. After the verdict, the jury is converted into a focus group for further case analysis. A jury trial simulation gives an attorney and client insight into how a prospective jury might respond to the case, evidence, issues, or damages. It will assist the attorney in identifying attitudes, beliefs, experiences and values that might be held by a jury who decides the case.
Attorneys can test different approaches in a case by using more than one group of mock jurors.
It also provides guidance for the settlement process by providing information on potential jury verdict ranges. An early date is best if the goal is to determine which theme will best sell to a jury so that discovery and expert witness selection will be the most effective. A later date is helpful if substantial factual discovery and motion practice is needed. It should be conducted before mediation or settlement negotiations begin if the purpose is to determine appropriate settlement ranges. It can be conducted shortly before trial if decisions need to be made concerning competing trial themes, trial strategies or last minute changes in evidence.