We’ve all heard about mock juries and focus groups. Some trial lawyers regularly them in their case evaluation and trial preparation routine. These can be powerful tools in an advocate’s arsenal. And yet, the jury is only one of the judges a trial lawyer must persuade in order to win. The trial judge is just as important an audience: he or she is the gatekeeper to trial and the referee once there.
Wouldn’t it be great to have an inkling how the court would decide motions for summary judgment, motions in limine, motions for directed verdict as well as evidentiary rulings? The answer is obviously yes but finding a mock judge to play the part isn’t that simple. So, how does one go about finding a mock judge to hear legal arguments in a case? There are several potential solutions.
One method many practitioners have tried is to reaching out to a colleague in the same specialty practice area. Using a specialist colleague as a mock judge allows you to get more technical with your arguments with some assurance that you will be understood. Some practitioners have used this method to prepare for appellate oral arguments. If cost is a concern this may be the best route to go. What are some of the disadvantages this option poses? For starters, your colleague may live inside a bubble just like you do. If you focus on either a plaintiff or defense practice you could miss viable arguments from the other side. Your colleagues may also be hesitant to push you hard. Such push back may be exactly what you need.
We believe a second and often better option is to find a former trial judge to play mock judge. Real trial judges understand more than just the substantive or procedural law. They can provide valuable feedback regarding the style of your presentation and what works for him or her specifically and for judges in general. Former trial judges are usually not shy about speaking honestly. Even though trial judges may not be specialists like one of your colleagues they are probably capable of picking things up quickly.
Then, how does one go about finding a former trial judge to play mock judge? Unfortunately, that might not be an easy proposition. To address this problem we at TrialFocus have begun offering mock judge services using former trial judges as mock judges. We believe this can overcome the shortcomings of using colleagues mentioned above. Logistics need not be a problem. Mock judging can be done online through platforms like Zoom.
Get in touch if you are interested in learning more click. Regardless of whether you do it yourself or find a mock judge some other way consider using one to gain insight into the potential rulings in your case.
