KIAP, Attorneys at law, has launched a new service in dispute resolution – “Mock trials”.

KIAP, Attorneys at law, has launched a new service in dispute resolution  – “Mock trials”.

A new type of services - “Mock trials” (moot and improvised court proceedings) has been launched in view of an increasing demand, both from the corporate clients and from the law firms, to get a “second opinion” on the case. The clients seek to reveal strong and weak points of the argumentation strategy and evidence, to make a complete “stress test” of a litigation project before initiation of the hearings, and are eager to evaluate the oral pleadings of their attorneys before the actual trial takes place. 

It is often also necessary to get a psychological profile of a judge and/or the client’s opposing parties in a future dispute, as well as to find a proper balance of effective procedural and psychological methods to efficiently handle the case. The client, meanwhile, does not necessarily require a full-scale legal assistance in the case, where their own in-house lawyer or a specialist from another law firm can be engaged. In such case during the “Mock-trials” KIAP specialists act as external advisors and help to obtain a fresh look on the case and to save litigation expenses. 

A “mock trial” is also helpful because litigation lawyers are sometimes the victims of “confirmation bias”: they tend to overestimate the evidence proving their particular position and do not always pay necessary attention to complex, ambiguous evidence that weaken their case theory, which, in turn, sometimes leads to bad  outcomes for the clients. 

Besides, the parties’ arguments can be equally compelling, meaning that sometimes it is not entirely clear which party the court will rule for. In such cases it is crucial to observe the blind spots of both positions, as well as to seek potential to strengthen the client’s strategy. Organizing a mock trial, when an experienced litigation lawyer acts as the judge,hears the view of both parties and then makes decision, is an excellent option to achieve this goal. 

There are different scenarios of mock trials. Lawyers can ask their colleagues to look through the documents and to participate in internal debates.  But it will only be helpful if these colleagues are ready to honestly express their criticism and spend their time. Therefore, as our litigation experience shows, conducting a mock trial with independent experts from other firms is far more efficient. 

Depending on the purpose of the proceedings, the personality of the judge, the opponents and the budget a client may choose either: 

  • A light mock trial format, where the parties present their case orally and external lawyers briefly analyze documents relevant to a dispute. Such option better represents the reality of over-loaded Russian courts, where a judge has to consider dozens of cases a day. Accordingly, participants of a mock trial have to act as compelling in a small amount of time as it is possible (the so-called “elevator rule”). Besides, such option is quite inexpensive and available for almost any proceeding; 
  • A complex mock trial, during which the entire case is modeled in full details, the documents of both parties are scrutinized, the hearings are undertaken and one or three mock trial judges fully examine  the case details. Such option may require several weeks or even months if serious matters are at stake. 
As a result of a mock trial a mock trial judge not only issues mock decision, but also explains the rationale of  his/her ruling and advices on strengthening the position of the client. Accordingly, the lawyers that lead the case obtain an independent expert opinion that helps them to realize weak points, thus improving their prospects in a future real hearing. 

Our experience shows that mock-trial service can be demanded both by in-house lawyers, who can handle the case individually, and by the consultants, who can, upon request/approval of the client, attract KIAP specialists for mock-trials and obtain a second opinion. Thus, mock trials make it possible to obtain an individual expert opinion for a relatively modest price but with complete confidentiality and strict compliance with “conflict of interest” policy. 

If any questions concerning “Mock trials” arise please contact Anna Grishchenkova or Andrey Korelskiy - the partners of a dispute resolution and international arbitration practices.