The attorneys are real, as are the facts of the case. Twelve jurors listen to the arguments, hear from witnesses, and reach a verdict. But these dramas dont unfold in a courthouse. Theyre staged in a 500-square-foot office space on West Boone Avenue, and law firms pay Strategic Research Associates, of Spokane, good money to learn the lessons the proceedings provide.


Such proceedings are called mock trials, and the market research firm has been putting them on for clients for a decade, now with increasing frequency.


For major cases with the likelihood of a large reward, mock trials provide an opportunity for attorneys to test their litigation strategy, says Dean Moorehouse, Strategic Researchs president. The litigation process is expensive, so it makes sense, across a broad range of trial activity, to do a mock trial first.


In a mock trial, people who have been recruited to act as jurors listen to an abbreviated, real case presented by attorneys who are working on that case, then deliberate while members of the legal team watch and listen from another room using a one-way mirror and audiovisual equipment.


For a fee, Strategic Research recruits the jury, sets up a mock courtroom and viewing room, provides audiovisual equipment and recording services, offers access to fax and printing equipment, and provides catering services for participants, says Moorehouse.


Its clients, typically law firms and insurance companies, mostly are based in Washington, Idaho, Montana, and Nevada, but it also has set up mock trials here for firms from larger cities that are looking for a test market for a major national case, Moorehouse says. About a third of the mock trials it puts on are held in other cities. Obviously, the lawyers for only one side in the pending real trial take part.


Moorehouse declines to disclose the names of Strategic Researchs clients, so they couldnt be interviewed for this story.


Moorehouse says legal teams can benefit from a mock trial by identifying major issues and themes of a case, testing strategies, determining likely levels of liability and damages, identifying key witnesses and testimony, collecting ideas for visual aids, and developing jury profiles.


Clients often use mock trials to test their witnesses, evaluate their strategies, and observe how a jury reacts to the case, he says.


Sometimes, jurors will uncover issues an attorney hasnt considered, or will place less importance on aspects of the case that an attorney thought were more important.


They try to determine how strong the story is, Moorehouse says. Occasionally, a legal team finds out the case wont fly, and that they need to settle.


Perhaps the biggest advantage to a legal team in a mock trial, though, is that the rehearsal boosts their confidence and supports their arguments, he says. For example, in the case of a malpractice suit against a physician, a mock trial can strengthen an insurance companys resolve to fight a claim, he says.


Improving the certainty of the process and validating your assumptions is really what its about, Moorehouse says.


Recruiting jurors


Strategic Research typically recruits 14 jurors for a 12-person jury, to ensure that enough people will show up for a mock trial, he says. The firm focuses on a market that would be similar to that of the jurisdiction for the actual trial. It buys randomly-generated phone numbers for households in that market, then conducts a screening of interested parties. That screening process can be fairly simple or extremely complex, depending on the requirements set by the client, he says.


Strategic Research employs six interviewers who conduct the screening to make sure the clients specifications are met, he says. Typically, they look for jurors who can follow and comprehend a complicated case and are able to sit through a four-hour-long trial. Jurors generally are paid $60 for a four-hour session or more than $100 for an eight-hour session, although levels of pay differ in each market, he says. The pay scale is higher for trials that take place on weekends.


Its important that we deliver a quality jury and ensure a quality environment, says Nate Darnell, Strategic Researchs data processing manager, who has helped coordinate trials. These firms are sending their best, legal consultants often come from out of town, and weve had high-powered attorneys from Chicago, so its important to them that its done right the first time.


Mock trials done here take place in space Strategic Research leases at 426 W. Boone. There, it sets up a mock courtroom that includes a big-screen TV, a dry erase board, and an evidence table. It also has a viewing room, from which observers can watch the jurors in the courtroom through a one-way mirror. Video monitoring equipment also is available.


Its a chance for our clients to peek behind the curtain of the deliberation process, Darnell says. Theyre always fascinated by the deliberations and how juries reach their conclusions.


When the mock trial is held in another city, Strategic Research finds an adequate facility and provides the necessary equipment to conduct the trial.


In small towns, finding a location can be a challenge, and the firm has conducted trials in bed-and-breakfast establishments and even in a truck stop in the past, he says.


The Spokane concern typically needs at least 10 working days to prepare for a mock trial, Darnell says. Moorehouse declines to disclose what Strategic Research charges for its services, but says its willing to negotiate prices with its clients. Oftentimes, simpler screening requirements can reduce costs, he says.


Its expensive to do this, Moorehouse says, but we try to make our costs attractive.


Strategic Research started offering mock trials about 10 years ago, when attorneys here who had heard about or participated in mock trials elsewhere in the U.S. asked it to duplicate the process, he says.


Since then, increasing numbers of clients here and in other markets have been hiring the business to conduct mock trials.


Moorehouse credits that growing demand both to the firms reputation and to widening acceptance in the legal industry of mock trials as a viable tool for trial preparation.


Moorehouse declines to disclose the percentage of the firms revenues that mock trials comprise, but says that he wouldnt have bought the firm without that component of the business.


Moorehouse, who had been Strategic Research Associates sales and marketing manager since it was formed in 1996, bought the firm from KXLY Broadcast Group last April for an undisclosed sum.


Typically, the most lucrative mock trials for the firm are those involving major national cases. In one instance, it organized a mock trial for a big out-of-town company that was facing a class-action lawsuit, he says.


Those clients are looking for a good test market for a case that could be tried in a secondary market like Spokane; or Charlotte, North Carolina; or Madison, Wisconsin, he says. Theyre usually out of the blue for us, and theyre great business.


Moorehouse wont say how many of his clients have gone on to win their cases, but says theyre very successful.


In addition to mock trials, Strategic Research offers services such as focus groups and product testing for clients in areas such as education, media, government, and health care. Some of its clients in this area include YMCA of the Inland Northwest, Whitworth College, Spokane Public Schools, and the Coeur dAlene Casino.


The firm has 10 employees and is located temporarily in a 1,500-square-foot leased space at 101 W. Cataldo until it finds a location where it can consolidate its offices, Moorehouse says.


Contact Emily Brandler at (509) 344-1265 or via e-mail at emilyb@spokanejournal.com.