August 2019 Bar Bulletin
By Thomas M. O’Toole
Can mock trials predict the outcome of the actual trial? This is one of the most common questions we get from attorneys inquiring about the hundreds of mock juries we have conducted across the country. The short answer is yes.
Mock trials can predict trial outcomes, but not in the way that most attorneys think about them. The purpose of this article is to offer attorneys a different way of thinking about mock trials in order to enhance the predictive power of the results. Specifically, this article will show how game theory can help attorneys use mock trials to predict actual trial...