First Court is the premier jury research firm for all your trial preparation needs.
According to Attorney at Law, First Court is the top recommended mock trial company and here's why. First Court is the best jury research mock trial firm nationwide because of our sophisticated and completely unique software that instantly gathers and reveals data in real time. You don't have to wait to see what the participants are thinking. Our software exposes the thoughts and reactions of the research participants as they type their notes or answers to questionnaires.
First Court's skilled and experienced trial consultants guide each jury research project from start to finish. We are more hands on than any other legal research and trial consulting company and are always available to assist your team in ensuring that the best possible case is presented to the jurors because the more closely the presentations mirror those at trial, the more accurate the data and results from our research will be.
Whether you need help brainstorming themes, creating graphics or animations, assembling a PowerPoint, or editing video depositions, our team is here to help ensure your mock trial is a success.
In the fast-paced legal world, we are flexible for our clients by providing quick turnaround times. We can (and have) executed productive and valuable research within less than a week. Ideally, we prepare for a project over the course of a month in order to ensure the research is as organized, efficient, and satisfactory as possible.
Our software is one of First Court’s crowning achievements. It collects and creates graphs from jurors' answers to the questionnaires and shows the jurors’ live notes throughout the day. Witnessing the jurors' real-time reactions to the presentations is priceless.
To ensure realism and professionalism, we conduct multiple prep calls and a dry run with your team prior to the research project. Our trial consultants deeply familiarize themselves with the case to offer pre-exercise presentation advice to the attorneys.
Our recruiting team meticulously screens and matches the jury panel with the trial venue's demographics.
For online and in-person mock trials, our remote or in-person tech team will record and live-stream the entire process throughout the day. The tech will also share exhibits, videos, and other demonstratives so that the mock trial is as stress-free as possible for your team. Additionally, our team provides real-time written commentary on each deliberation.
For in-person mock trials, First Court will also find a facility suited to your needs.
Our jury research reports receive widespread acclaim from our clients, often cited as a major factor in choosing First Court. Led by our trial consultants, these reports offer data analysis and recommendations for case presentation improvements.
Whether you choose an online or an in-person mock trial, there are certain benefits to each format. Although an in-person mock trial provides a more realistic environment and allows for increased personal interaction with the jurors, online trials are often more convenient and cost-effective.
One of the most obvious advantages of in-person mock trials is the ability to simulate a realistic trial environment. Attorneys can choose a physical location that reflects the actual trial environment, such as a focus group location that has a traditional courtroom setup with a podium and counsel tables. Getting to “practice like you play” is invaluable when you are presenting in front of the jurors presenting the crucial piece of evidence.
In-person mock trials also provide the opportunity for personal interaction between the attorneys and the mock jurors. This helps to build rapport and trust, which can be important in understanding how jurors may react to the case. It is a more natural setting for attorneys to practice both voir dire and persuasive arguments. Counsel will be able to observe the expressions during presentations, hear any audible gasps during the introduction of photographs, and generally feel the shift of energy in the courtroom.
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One of the most significant advantages of online mock trials is the convenience for everyone involved. They can be conducted from anywhere, eliminating the need for travel and lessening scheduling conflicts for counsel and clients. With the rise in technology, even the most non-technical attorney in your office can participate in the online process. Considering the increase in working from home and with clients in different time zones, an online trial can accommodate most schedules with ease.
Online mock trials can also be more cost-effective than in-person mock trials. Without the need for travel or a physical location, the costs associated with the mock trial are significantly reduced. Not only is this a positive benefit for the parties’ bottom line, but it also allows parties who may not have the budget to pay for an in-person mock trial to engage in a jury research project. This can also be an attractive option for those clients who may not need an entire trial but have a single issue of focus for the mock jurors. The ability to conduct online research in smaller sections than a full trial could be perfect for the cost-conscious client.
When the term mock trial is brought up, many people think of the exercise that takes place often in high school or college to teach students what the proceedings of a court trial look like. Although the mock trials that First Court puts on are, in fact, simulations of a trial, they are facilitated for attorneys who are preparing to litigate a case. Mock trials provide a trial-like setting for litigators to practice speaking in front of a panel of mock jurors, test certain arguments, and understand the potential damages that the jury might award in the case.
Mock trials are ubiquitous in middle school, high school, and college debate forums, often hosted by local bar associations to familiarize students with legal concepts. Law schools have entire departments dedicated to helping law students showcase their advocacy skills while engaging in competition with other law schools. While those trials offer exceptional opportunities for the students, the cases are not real and do not have an impact beyond the volunteer judge’s ruling. Typically, there are no jurors. No one is going to jail; no checks will be written.
In a real case, with real lawyers, there are issues that need to be resolved. Someone is facing prison time or has sustained life-altering injuries. Most lawyers hate surprises, especially as a verdict is being read. A law degree doesn’t come with a crystal ball and rarely does a case come with a mulligan. Lawyers want to know what the decision-makers, the jurors, are going to think about the case, or about them, before they try the case.
In a mock trial, lawyers can construct the presentation to address the issues that they think may be pivotal to the decision they are seeking. Or they can simply try their case to the jurors. That’s a benefit of a mock trial: The attorneys can structure the mock trial to allow the jury to focus on a small part of the case or on the entire case.
Let’s walk through some typical “mock trial” scenarios to better understand how a mock trial could benefit your case.
Scenario #1: You represent the Plaintiff who has suffered horrendous injuries due to the negligence of the Defendant company. Sounds wonderful, right? But we know cases are not always that simple. As you develop the case, you find the Plaintiff less likely to relate to the jurors of your jurisdiction or you know that the Defendant is a well-liked company who employs many people in your state. You contact a trial consultant to conduct a mock trial, focusing on the sole issue of likability and credibility of the Plaintiff. You try the case to the representative jurors of your jurisdiction, asking specific questions about their perceptions of your client. You find that those jurors did not focus at all on the Plaintiff’s demeanor. Instead, they were focused solely on the egregious behavior of the Defendant. After the successful mock trial, you are encouraged and decide that your case does have merit. You are able to use the feedback from your mock jurors to fine-tune your theme.
Scenario #2: You represent the Defendant company who has employed a driver who has a history of reckless driving. Your driver was speeding and texting, failing to see the family sedan when he changed lanes. Your question is should you admit liability and just argue damages? A mock trial will allow you to try each scenario with your jury to determine what the better outcome would be for your client. Have a one-day mock trial where you present the full case to your mock jury. Use the second day to admit liability and spend the time developing your argument on damages. Your trial consultant can assist you in analyzing the data to determine which presentation resonated with your jurors.
The “real” mock trial is limited only by the implementation of your vision. It is the closest thing to a crystal ball you will find in the courtroom.
Mark B. Wilson of Klein and Wilson argues that mock trials are “one of the most powerful tools for case evaluation and trial preparation.” There are many reasons why one might conduct a mock trial. Through a mock trial, you can:
See First Hand Jurors' Unbiased Reactions to the Case & Presentations
It can be very helpful to see through the eyes of the jurors in order to understand your case in a new way. A mock jury panel will be comprised of a group of individuals from the trial venue and matching the demographics of a typical jury from that venue (or a similar venue if desired). According to the Oklahoma Bar Journal, mock trials and focus groups “provide insight unique to those living in the venue of your case and evaluate facts from a nonlawyer perspective.”
Evaluate Liability and Damages
Mock trials can be a helpful tool in evaluating liability and/or damages in a case. According to Gerald A. Klein P.C., “Mock trials provide a useful reality check on both liability and damages.” Both our defense and plaintiff clients want to understand the potential damages that could be incurred in this case for better or for worse, and, although mock trials are not a crystal ball, since we have three deliberations with 8-10 jurors per deliberation, we are able to get a sampling on damages.
Test the Believability of Witnesses
One of our consultants describes how necessary testing the believability and likability of the witnesses is: “My clients told me that this witness was the nicest, most straightforward man I would ever meet, but he was a mess in his depo... and his poor showing turned the jury against them in a case they were winning before their own witness's testimony. In response to his testimony, jurors remarked that he ‘tried to play dumb,’ ‘lacked confidence,’ and many jurors said that they did not trust him. Finding out how jurors may react to your witness and how their testimony might affect the jurors’ opinion of the case is highly impactful in improving your case.
Find the Gaps in the Case that Need to be Clarified
When you live and breathe a case, sometimes it is hard to see areas in your argument where jurors may be confused. Often, because of the nature of the contentious atmosphere, jurors find it hard to trust either party, and when it seems like you are withholding information from them, they often attribute that to malicious intent. Understanding the gaps in your argument that need to be clarified is crucial in presenting a seamless and trustworthy presentation, and mock trials can help identify those holes in order for you to refine your argument.
Accumulate more Information for a Potential Settlement
Our clients often use mock trials as a tool for settlement. Going into a settlement negotiation with research on a fair damage number and an understanding of how jurors perceive the case and the witnesses is a powerful tool. We often see clients presenting - to the mediator and even sometimes opposing counsel - the damage numbers that each deliberation came up with along with mock juror quotes or sometimes a video clip of the jurors' conversation about the case. Presented with these results, the opposing side often will agree to a number that is more fitting to the case.
Add other Evidence or Trial Graphics per the Consultant’s Recommendation
Our trial consultants often notice areas of the trial presentation that could use improvement, whether it be with the theme, overuse of legalese, or a lack of animations or graphics to help visual learners picture certain facets of the case.
Projects in 49 of the 50 States!
Projects Completed
Jurors Hired Every Year
Contact us with any questions or submit your case, and we will get back to you promptly. You can reach us at the address, phone, or email below or by filling out the contact form.
104 3rd Ave NW Suite 300, Mandan, ND 58554
(701) 671-9160
info@firstcourt.com
