Online Mock Trials: Not a Risky Business

As the 2024 calendar year comes to an end, I have been reflecting on how much my perspective on the trial consulting industry has changed since starting at First Court. Previously, I had the notion that an online mock trial could not be of the same quality or usefulness as an in-person mock trial due to concerns about professionalism and confidentiality. Understandably, I felt some resistance in the industry to transition into the virtual format. According to Thomson Reuters in “Overcoming lawyers’ resistance to change,” law firms and legal departments share a "reluctance to go outside of one’s comfort zone” and lawyers are “unwilling to experiment with different ways to find the right answer.”¹ I had adopted this mindset, and it was hard for me to fathom presenting something so important and exclusive to online jurors that we can only see from the chest up. However, after research and experience, it is safe to say that online jury research projects provide an environment where jury research questions can be successfully answered while ensuring confidentiality and technological proficiency among the jury panel. What changed my mind about the process? At First Court, more than half of our private trials are conducted online, and I have seen the effectiveness of the research, the strict application of confidentiality and procedural rules, and the unique benefits an online trial holds. 

Online jury research maintains professionalism. From the beginning of the recruitment process to the moment the jurors get released, First Court ensures that all parties involved understand how serious an online trial is and the consequences if that confidentiality is breached. The jurors are thoroughly vetted by our in-house recruiters and specifically chosen for the trial. Just like an in-person trial, they are educated on the significance of their participation, the gravity of the case, and what it means to be a part of a research discussion that involves real lives. 

The same standards of confidentiality are upheld. The scope of control does not change now that the trial is online. Each participant signs a confidentiality agreement and is briefed on personal protocols required to attend the online trial, such as not allowing anyone else in their home to view the online trial. With First Court’s custom data software Vulcan Interactive, different protocols have been implemented to securely store all information presented to the jurors. Privileged case details, all juror data, and feedback questionnaires are protected through Vulcan. 

Like in-person mock trials, online trials provide real-time, accurate results. All of the data gathered from the jurors is gathered through our software and automatically generated to create juror profiles and monitor their leanings. Throughout the process, team members at First Court are in contact with each juror to make sure cameras are on and actively involved throughout the entire project. In doing so, the opportunity for jurors to answer any questions haphazardly is mitigated.

Choosing an online trial provides you with a unique benefit: Savings of time and money. Conducting the project virtually eliminates the need for venue rentals, travel expenses, and other logistical costs associated with in-person trials, making them much more cost-effective and efficient. Got an edgy idea you want to try? Interested in testing a dicey reptile approach but are worried the jury may not be receptive? Using an online mock trial allows you to try this method, with minimal cost. Your team can present the case, take the risks, have your questions answered, and receive live feedback, at a greater advantage. Online jury focus groups and mock trials are becoming an increasingly attainable and powerful tool for trial teams to try any case in a low-risk and high-reward environment.²

Curious about how an online mock trial could benefit you–or still skeptical–? Reach out to Ryan Liffrig at Ryan@firstcourt.com to get a demonstration of our software and available options. 

1. “Lawyers and Resistance to Change: Legal Department 2025.” Lawyers and Resistance to Change | Legal Department 2025 | Thomson Reuters, legal.thomsonreuters.com/en/insights/articles/overcoming-lawyers-resistance-to-change. Accessed 18 Nov. 2024. 
2. Sources reviewed: Lawyers and Resistance to Change | Legal Department 2025 | Thomson Reuters
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