When representing a plaintiff in court, you’ll need to decide the best case strategy depending on what is set by the courts. Jury trial preparing is an essential step in order to do your part in working toward a unanimous verdict in your client’s favor. You may already know that there is a distinct way to prepare for a bench trial vs jury trial, and that you don’t get a choice in which one you’ll be assigned.
While it may seem difficult to prepare for trial by jury, when you do things the right way, they can work with your case rather than against it. This requires preparing for it in a way that differs from a bench trial. While judges play an authoritative role in all trials, the people you must convince are the members of the jury, and when it comes to jury selection to the verdict, it helps to have the right expert to guide you for your jury trial.
The Trial Concierge specializes in supporting you from start to finish, giving you the tools you need for success. Whereas other consultants focus on jury selection or other aspects related to trial, our trial consulting services provide support to attorneys throughout every step of the litigation process. From jury selection strategy to mock jury services,our proven results throughout every stage of litigation—has directly contributed to successful verdicts against auto makers, major health systems, and other deep-pocketed defendants.
In this blog post, we provide more information on what you need to know to prepare for a jury trial and how our expertise and personalized attention can make a difference.
Understanding the Difference Between Bench and Jury Trials
What Is a Bench Trial?
During a bench trial, a single judge hears the case, then delivers a verdict. In bench trials, you don’t have to worry about jury selection, leading to faster proceedings and streamlined legal arguments, making it ideal when legal complexities outweigh emotional factors.
What Is a Jury Trial?
In a jury trial, a group of jurors will decide the outcome after they review evidence and testimony. This will first require going through the jury selection process and include voir dire, plus the potential for emotional influences, making it best when case facts will benefit most from the effects of persuasion.
However, jury trials last longer than bench trials. It will take longer to choose the jury by legal teams. Additionally, many of the people selected will not know legal procedures and may not be equipped to observe gruesome findings that may be presented in evidence.
Bench Trial vs Jury Trial: Key Considerations
Trial Strategy and Subject Matter
The type of trial that is set will impact the way you prepare for the courtroom. Your legal arguments and presentation style will need to be tailored to these considerations. If you have complex evidence and witness testimony, you need to think about how you’ll present it in each circumstance as well as tailor arguments and visual evidence to the trial type.
Additionally, depending on the type of trial, you will also need to prepare witnesses accordingly.
Influence of the Assigned Judge
Understanding the assigned judge’s tendencies in bench trials is something every attorney should consider. Analyzing the judge’s former rulings and case histories is important if you are assigned a bench trial.
Jury Trial Advantages
Emotional Appeal and Public Influence
Preparing for a jury trial requires consideration of whether a jury will respond more strongly to personal stories and injuries. In jury trial preparation, you have a greater opportunity to create a compelling narrative for the members of the jury, potentially garnering sympathy for your client that could result in higher compensation awards.
Right to a Jury in Civil Trials
In federal civil trials, federal juries must vote unanimously on the verdict. Rules vary by state, but legal teams may choose jury trials in cases that have favorable emotional dynamics. If you feel that a verdict will be reached in your client’s favor, a jury trial may be best.
Bench Trial Benefits
Speed, Focus, and Legal Precision
Jury trials have their benefits, but so too do bench trials. If you have a bench trial, you can expect faster proceedings since there will be a reduced scheduling need and no need for jury selection, creating fewer delays.
Additionally, judges are capable of observing gruesome or violent evidence, as well as understanding complexities without allowing bias to enter the legal realm. A bench trial is ideal when you have legal arguments that far outweigh the emotional impacts.
Reducing Risk in High-Profile or Complex Cases
Bench trials can help prevent negative publicity and news from affecting the case. Judges can discount this publicity and news coverage, whereas jurors may have unpredictable reactions. This gives you greater control to influence a trial outcome in a civil case. Sensitive topics or issues of legal nuance tend to bode better in a bench trial.
Which Is Better: Bench or Jury Trial?
Strategic Risk Assessment
Conduct a strategic risk assessment early on to prepare for either type of trial. This can be done through case assessments, mock trials, focus groups, and other tools that will give you a better picture. With research focus groups, mock trials, and measured calculations of these risks ahead of time, you will see where you need to tailor your case the most.
Legal Team Preparation for Both Trial Types
Whether you will have a jury trial or one that only has a judge, you must tailor your strategy to accommodate them. In a jury trial, you must convince a group of individuals who have unique values, perspectives, and backgrounds. This requires that they understand the key evidence, which may be technical or complex, along with the relevant laws in the case.
Bench trials only require that you present to the judge. However, that judge also controls the process and has the power to ask questions and discuss with you and witnesses. You may focus your arguments on matters of the law and precedence while dialing back the emotional appeal.
Judges in bench trials may allow evidence that would be excluded from a jury trial. Items such as hearsay, inflammatory evidence, expertise without proper merits, written evidence, and depositions may be included in these trials.
One of the biggest considerations in a jury trial will be preparing witnesses to convince the jurors to be on your client’s side. You will need to coach them on presenting the right emotional effect as well as how to answer questions from the opposing counsel.
Still Deciding How to Prepare for a Jury Trial?
If you’re not sure which type of trial will be assigned, it is best to prepare for both potentials. When you need to prepare for a jury trial, it helps to rely on a trial consultant who can prepare you with the right analysis to lead the way in your case strategy.
Contact Us for Trial Strategy Guidance
The Trial Concierge can give you the expert assistance you need for jury trials that pave the way for your success. We analyze the key metrics of your case, the judge involved, and the audience through data, risk analysis, and our experience to help you make the right call.
Our services include:
Jury Selection and Questionnaires
We create a voir dire questionnaire and attend jury selections with you to help you deselect anyone who would potentially harm the case. We look at their backgrounds, experiences, and opinions and dive deep to help you choose the right people to perform their civic duties.
Trial Support in the Courtroom
Other consultants may set you up before a trial by jury, though we stand out by staying there through it all. By monitoring the jury closely from evidence and trial presentations to verdict, we can help you adapt your strategy if needed, depending on the produced evidence.
Focus Groups and Mock Jury Support
Even the most seasoned and awarded attorneys can benefit from focus groups to help them pinpoint unanticipated obstacles in a case. By conducting these services, you can refine your case and stay ahead of complications.
Witness Preparation
Witnesses must be prepared to appeal to the emotions of the jury members. It requires preparing witnesses weeks in advance to get them ready and make them a reliable asset in your case strategy.
Visual Presentations
Pictures and graphics can speak volumes to jurors, making it simpler to understand the case. It can be a challenge for attorneys to think about these visual presentations since lawyers understand every aspect of the case. It’s easy to overlook something that you comprehend that lay people will not grasp without a demonstration. Effective visual aids maximize the effectiveness of your presentation.
The Trial Concierge helmed by Beverly “Splash” Abbott provides proven results that start from selecting the jury to creating focus groups to improve your trial strategy. Get the help you need for witness preparation, trial graphics, risk assessment, mock trials, and more to build your best possible case outcomes. Contact us today for a free consultation to learn more about our unique services from voir dire to verdict.
