In 2025, the Candello Claims Study Group welcomed Tina M. Traficanti, Esq., founder and president of TMT Strategies, for a deep dive into the value of pre-trial jury research. With more than four decades of litigation and trial consulting experience, Tina offered a compelling look at how mock trials and focus groups can sharpen defense strategy, prepare witnesses, and reduce surprises in the courtroom.

Not Predictive, But Invaluable

Tina opened with a critical clarification: mock trials and focus groups are not designed to predict trial outcomes. Instead, they serve as diagnostic tools to uncover case vulnerabilities, test themes, and understand how jurors might interpret key facts.

One of the most valuable aspects of pre-trial jury research is its ability to surface unexpected juror reactions. Tina emphasized that even some seasoned trial teams are often surprised by what jurors choose focus on or how they interpret evidence.

In one case, jurors fixated on a two-month delay in a physician’s sign-off on a resident’s note. While the defense team had not flagged this as a major issue, several jurors cited it as a reason to question the physician’s credibility. “Sloppy records, sloppy doctor,” one juror concluded.

These moments, Tina explained, are golden. “There are always nuggets—things that no one on the trial team anticipated. That’s where the value lies.”

Flexible Formats for Different Needs

Pre-trial jury research can take many forms, ranging from full mock trials with live witnesses to streamlined focus groups using PowerPoint summaries. The format depends on the case’s complexity, the availability of witnesses, and the specific questions the team wants to explore.

In some cases, attorneys present dueling expert summaries. In others, actors portray plaintiffs based on deposition transcripts. Regardless of format, the goal is the same: to test the case, gather feedback, and improve trial readiness.

A Practice Arena for Witnesses, Counsel, and Defendants

Mock trials also offer a rare opportunity for witnesses to practice testifying in a realistic setting. Unlike conference room prep sessions, mock trials simulate the pressure of the courtroom. Witnesses sit at a table, face a panel of jurors, and undergo direct and cross-examination.

Jurors often comment on body language, tone, and word choice, which is used to refine witness preparation.

Defense attorneys also get the chance to modify their case presentation based on how jurors respond to narrative framing, language, and demonstratives, e.g., timelines, charts, and other visuals. Jurors provide candid feedback on what works, what’s confusing, and what needs to be simplified.

Mock jurors are also critical in helping defense teams identify and remove problematic language before it reaches a real jury. Phrases like “not my job,” “chaos,” or “busiest surgeon at the hospital” can backfire, even if unintended.

For clinicians named in a suit, the litigation process can be isolating and emotionally taxing. This gives co-defendants a chance to connect, share their experiences, and support one another. 

Understanding Juror Attitudes and Biases

Beyond case-specific insights, pre-trial jury research helps teams understand broader juror attitudes, experiences, and expectations—especially in medical malpractice cases. Despite instructions to avoid personal anecdotes, jurors often share stories about their own or family members’ healthcare experiences. Common juror traits or and experiences that often correlate with pro-defense or pro-plaintiff leanings, which helps inform jury selection strategy.

Process and Safeguards: Getting It Right

Tina walked the group through the logistics of setting up a mock trial or focus group, emphasizing:

• Juror recruitment: Participants are selected to match the demographics of the trial venue. In some cases, jurors are drawn from nearby counties to avoid local bias while maintaining demographic fidelity.
• Screening: Jurors complete a detailed screening to ensure eligibility and neutrality. Questions address previous litigation experience, healthcare affiliations, and other potential biases.
• Confidentiality: Jurors sign a confidentiality agreement and are reminded of its importance throughout the process. No phones or electronic devices are allowed in the courtroom.
• Orientation: Jurors are told they are participating in a real case but rendering an advisory verdict. Tina stresses the importance of their feedback—especially the “why” behind their decisions.

To avoid discoverability concerns, sessions are no longer recorded. Instead, Tina takes handwritten notes during deliberations and compiles a detailed report for the defense team.

Final Takeaways

Tina closed with a reminder that jurors want to do the right thing. They take their role seriously, deliberate thoughtfully, and often change their minds based on peer discussion. By truly listening to jurors, defense teams can uncover blind spots, refine their strategy, and provide better support to their clients.

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