Preparing for a trial can be a daunting task, especially when you know it's going to be a bench trial. However, there is a useful tool that is often overlooked but can provide valuable insights into your case strategy - conducting a mock bench trial. Here are six good reasons why you should consider conducting a mock bench trial when you know your trial is going to be a bench trial in the courtroom.
by Ken Lopez Founder/CEO A2L Consulting
by Laurie R. Kuslansky, Ph.D. Jury Consultant
by Ryan H. Flax, Esq. (Former) Managing Director, Litigation Consulting A2L Consulting
by Ken Lopez Founder & CEO A2L Consulting
by Ken Lopez Founder & CEO A2L Consulting
by Ken Lopez Founder & CEO A2L Consulting
by Ken Lopez Founder & CEO A2L Consulting
Ryan H. Flax, (Former) Managing Director, Litigation Consulting
One type of litigation consulting that is underused is the planning and conducting of a mock trial. A good litigation consultant can put together a mock trial that is every bit as real in appearance and challenges the litigation team as much as an actual trial.
U.S. district court judges often lack the scientific or engineering background to fully understand the issues in highly technical patent cases without outside assistance. And ever since the Supreme Court’s Markman ruling in 1996 finding that claim construction – the interpretation of the words of a patent claim – is a task given over to the judge, it has been more important than ever for judges to get a solid working knowledge of the subject matter of a case. Judges now routinely convene so-called Markman hearings, also known as claim construction hearings, before trial to help them in their task of claim construction, which is at the core of many patent disputes. Many patent lawyers say the Markman hearing has become second in importance only to the trial itself. In a Markman hearing, judges must resolve all the disputes about the interpretation of a patent and must construe the claims for trial. The Markman hearing is therefore a key opportunity for both parties to guide the judge through the thicket of the evidence and to help him or her understand the case.
by Ken Lopez As litigation consultants, jury consultants, trial technology consultants and litigation graphics consultants, we have the opportunity to share our decades of experience in over 10,000 cases, working with litigators from all major law firms, with our litigation clients every day. Clearly, this is a valuable service, and I believe great litigators become better litigators for having worked with our firm.
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