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12 Steps to an Effective Mock Trial
By Lex Brainerd, JAMS ADR Blog, September 11, 2015
This post has been viewed 2,396 times.
This post has been viewed 2,396 times.
- Take appropriate steps to ensure that the mock trial itself and all communications, documents, and other materials relating to it are confidential and protected from discovery under the attorney-client privilege and the work product doctrine.
- Be creative and keep an open mind.
- Be sure your opponent’s side is well represented.
- Consider having your lead lawyer put on the opponent’s case.
- Prepare for the mock exercise with the same intensity and thoroughness as you would for the actual trial or arbitration.
- Don’t be concerned with winning, but rather with learning.
- Select a mock panel that is representative of your trier of fact.
- Test your organization, trial themes and strategy.
- Test all critical elements of your presentation, including briefs, graphics, opening statements and closing arguments.
- Have your critical and troublesome witnesses testify, either live (preferable) or through deposition.
- Include a procedure and sufficient time for a complete debriefing and analysis.
- Based upon what you learn, don’t be reluctant to dramatically alter some or all of the organization and presentation of your case.
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