Best Practices for Using Trial Technology

Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies increased 50% from 2023 to 2024, and trial presentation tech increased by ~12.67% over the same span.¹ Using presentation, evidence management, and exhibit display tools effectively requires a careful approach to selection and implementation.

Below, we’ll explain some best practices for getting the most out of trial technology, touching on how each tool can be used effectively when working with a quality trial technology partner.

Understand Your Jury Deeply and Holistically

Some trial technology is made specifically for use during a trial, inside of physical or virtual courtrooms. Other tools and services are designed to optimize pre-trial preparation. One of the most impactful uses of trial tech is in conjunction with quality jury consulting services.

These services, such as mock trials, focus groups, and venue evaluation studies, help legal teams understand their potential (and actual) juries. They power strategic decision-making by using analytics to evaluate and profile surrogate jurors’ decision-making and how any biases and predispositions may impact how they perceive the case. Services also include assisting with jury selection and voir dire by narrowing the field of candidates to consider and questions to ask—along with responses to look for. And they scan social media and online presence to unveil potentially hidden or uncertain elements of jurors’ personalities. Many of these services use technology to aid in information gathering, such as real-time surveys and real-time juror sentiment analysis tools. 

Most importantly, the best jury consultants leverage experience and expertise.

Skilled research and leveraging uncovered information are the keys to getting the most out of tech-assisted jury consulting. It’s less about the technology itself and more about knowing what to do with the insights that research provides—which takes experience and savvy. Technology enhances but cannot replace these intangible human qualities. Still, the best jury consultants engage in tech-assisted research to provide the most accurate and actionable legal insights.

Simulate Court with Mock Trials

Closely related to jury consultation is the use of technology to lead mock juries and legal focus groups. Using video and audio hosting technologies, along with powerful simulations and predictive analytics, legal teams can test out different arguments and evidence ahead of trial to gauge how real juries may react.

Working with experts who can run mock trials to receive live, dynamic feedback is one of the best ways to craft a winning trial strategy. Paired with specialized legal tech, these simulations help legal teams prepare before a trial commences by allowing individual lawyers to test out arguments ahead of time to get a sense of how they may be received during the trial proper.

In particular, advanced mock trial technology enables moment-to-moment reaction analysis and real time feedback from surrogate jurors to model what the actual trial could look like.

Prepare Witnesses to Testify 

Trial technology can also help legal teams prepare witnesses for trial via enhanced presentation and exhibition software in live or asynchronous communication, maximizing accessibility. These tools include platforms where important documents can be shared with witnesses privately and securely, ensuring they have all the information they need to provide impactful testimony.

With professional support, this form of trial tech maximizes the value of witness preparation.

But it’s important to consider what kinds of preparation are ethical and sound as compared to tactics that cross the line into unethical or disallowed. For instance, the Missouri Bar explains that certain practices are not just allowed but, in many cases, are recommended or necessary²:

• Informing witnesses about standard courtroom procedures and expectations
• Explaining to witnesses what being under oath means and its practical implications
• Advising witnesses about how to respond or act if and when an objection is raised
• Discussing how to approach misunderstandings or uncertainties in questions or answers
• Advising witnesses on how to dress and present themselves, per courtroom norms
• Asking witnesses about their recollection of events to confirm understanding
• Explaining the content and context of laws that relate to the events in question
• Reviewing documents and other readily available evidence with witnesses
• Rehearsing potential testimony or statements the witness plans to make
• Discussing high-level strategy and approach for cross-examination questions

However, it’s important to approach these kinds of discussions while avoiding undue influence or interference, like leading the witness to think or say certain things they otherwise wouldn’t.

Trusted technology partners make it easier and safer to prepare witnesses effectively.

Optimize Your Graphics and Overall Presentation

Last but not least, trial technologies are designed to streamline presentations and the overall experience during the courtroom portion of a trial. One of the most commonly used is legal graphics support, where external service providers generate demonstrative images, animations, and video presentations, including forensic animations, to maximize the impact of evidentiary data.

Most critically, advanced trial technology enables dynamic presentations, blending various multimedia methods to tailor graphical presentations to a legal team’s needs in real time. This includes providing multiple formats to toggle between for accessibility or viewer preference.

Expert trial consultants and legal graphics professionals will offer guidance in both creating and using images, videos, and other resources in engaging ways, such as highlighting, zooming, and streamlining document displays to draw emphasis and attention effectively. Robust trial technology and presentation support empower legal teams with dynamic graphics and the support to use them effectively. Working with an experienced Trial Technology Specialist or Hot Seat Operator will help ensure a seamless trial presentation. 

To get the most out of these technologies, work closely with your expert trial consultant to educate all parties on how and why they should use all the functions of the presentation interface. The tools should have some built-in demonstrations to ensure that even clients with limited tech literacy can present professionally and minimize tech difficulties in critical moments. However, the best service providers will offer personalized support to ensure these tools are used to their fullest extent.

Get the Most out of Trial Tech with U.S. Legal Support

For the best results, it’s important to apply new and emerging technologies in trial preparation and during the trial itself. Law firms can use advanced software and data analytics to better understand jurors, prepare strategies, and streamline their trial processes.

U.S. Legal Support provides various trial services through our TrialQuest division. We offer all the services detailed above and more, along with unmatched support from our team of experts. With our help, you’ll get the most out of your trial tech.

To learn more about how we can help, get in touch today!

Sources: 

1. JD Supra. Looking Ahead: 2025 Trial Services Trends. https://www.jdsupra.com/legalnews/looking-ahead-2025-trial-services-trends-9346132/
2. The Missouri Bar. Witness preparation and counseling: What’s ethical – and what crosses the line. https://news.mobar.org/witness-preparation-and-counseling-whats-ethical–and-what-crosses-the-line/

Julie Feller

Julie Feller is the Vice President of Marketing at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Juie previously served at Abacus Data Systems (now Caret Legal) where she played a pivotal role in providing cutting-edge technology platforms and services to legal professionals nationwide.