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A Trial Simulation combines intense trial preparation with comprehensive pre-trial research, including an analysis of the deliberation process and the impact of key witnesses on the verdict.
Three or four groups of jurors will be presented with opening statements, followed by direct and cross-examinations of key witnesses on both sides of the case. Attorneys will play the roles of opposing counsel and witnesses. A former judge or senior counsel will act as the judge. The exercise will be conducted in a realistic environment. The entire proceeding, from opening statements to the final verdict, will be videotaped for later analysis.
At pivotal points in the exercise, jurors will fill in a questionnaire designed to obtain their immediate reactions to counsel, the witnesses and the issues in the case.
The testimony of each witness will be carefully analyzed for clarity and credibility. Fact and expert witnesses’ strengths and weaknesses are identified, providing counsel with an assessment of both the content of the message and the credibility of the messenger. Most important, this research identifies the extent to which a witness and his or her testimony impacts on the outcome of the case. Suggestions will be made to improve the clarity of the testimony and the credibility of the witness.
After closing arguments, the judge will read instructions to the jury and each group will retire to deliberate. Counsel is invited to observe the deliberations through television monitors or one way mirrors.
After providing counsel with immediate liability and damage estimates, LGA Litigation Strategists' consultants will review the deliberation tapes and questionnaire data to identify the most salient plaintiff and defense arguments, the facts and issues that are distorted or ignored altogether and the personal experiences and analogies jurors draw upon to make decisions.
Trial Simulations vary in length, depending on the complexity of the case, the number of key witnesses and the length of their testimonies.
A Trial Simulation is often preceded by a Mock Voir Dire, which creates an opportunity for counsel to test their jury selection skills and create Probable Juries in the process.