By Dr. Ken Broda-Bahm:
It is a common step on the road to trial or pretrial resolution: Have a mock trial! But as routine as that research step is, it is still never a small matter. The scope and scale of a mock trial varies widely, but it is not a small expense in either money or time. For that reason, it is important to get the most out of your investment. After a mock trial, it is typical for the follow-up report and discussions to focus on a breakdown of responses from the mock jurors, an analysis of what works and what doesn't, and some recommendations on ways to fine-tune the strategy. That is the most common form of post-research work product, but it represents only a slice of what can be provided after a mock trial.
There are a number of directions that the trial lawyers and the consultants can go with the mock trial results. Depending on the situation, you will sometimes want to focus most on particular goals and sometimes on other goals. But, for this post, I wanted to create as complete a list as possible, focusing on all of the ways that a mock trial might be used. It could be a handy checklist when you are thinking of how to apply your own mock trial findings, and how to wring the greatest possible value from it. The following is my list of the questions that can often be answered, at least in part, via your mock trial.