How Litigators Can Use AI to Boost Preparation for Jury Trials

Developing a clear strategy necessary to win a civil jury trial requires meticulous preparation—work that often takes the form of the proverbial blood, sweat, and tears (and associated long billable hours) of trial attorneys in war rooms and at trial sites.

As any trial lawyer knows, the weeks leading up to trial are often a blur of exhibit lists, witness outlines, deposition designations, motions in limine, and late-night strategy sessions. The high-pressure and high-stakes nature of jury trials create an environment in which artificial intelligence has the potential to emerge as a particularly valuable tool—not to replace human judgment, but to optimize and enhance it.

While AI’s transformational potential for e-discovery and legal research is widely recognized, its utility in the context of jury trials is less discussed. For civil litigators , AI may offer practical shortcuts that can save time, sharpen arguments, and improve trial readiness. It can serve as one more instrument in a trial lawyers’ toolkit to win. Consider these AI-related strategies when seeking to increase efficiency and creativity in trial preparation.

Mock Jury Insights

Successful jury trials hinge on compelling storytelling. The challenge isn’t only identifying the most compelling narrative in which to frame your case, but identifying the one that most resonates with this specific jury. AI tools may be helpful on both fronts.

First, AI tools may help trial teams find and refine persuasive themes for their cases by analyzing voluminous case documents, pleadings, and deposition transcripts. With the right training materials, AI may even be able to compare the themes of your case to successful arguments made in prior trials in the relevant practice area or jurisdiction.

AI isn’t only proficient at synthesizing data but at recognizing recurring language, emotional tone, and factual patterns—often the bases of a case theory or theme. Some AI platforms may use natural language processing to suggest narrative arcs or emotional framing that align with the facts of the case.

Second, when trained with the same data that might be shared with a jury consultant or provided with the same arguments traditionally tried in a mock jury trial, AI tools may allow attorneys to simulate how different jury pools might react to specific arguments or terminology. While AI will never fully replicate or replace the value of a mock jury trial—getting trial counsel on their feet to move through the choreography of the case in a mock setting has inherent and irreplaceable value—AI has the capability to provide many of the insights of a mock exercise, without the extra time, effort, and logistics of a traditional mock jury trial.

By using AI to test and refine messaging early in the process, trial teams can enter the courtroom with a more focused and persuasive story that jurors are more likely to understand and remember. Alternatively, early use of AI tools to conduct these assessments may alter case strategy in ways that avoid trial altogether.

Witness Preparation

Witness preparation is a critical and time-consuming aspect of trial preparation. AI tools may assist this process in a variety of ways: by summarizing relevant documents and information, creating first drafts of outlines, and simulating opposing counsel’s likely lines of questioning.

Leveraging AI as part of witness preparation may more quickly identify where a witness may be vulnerable or inconsistent. AI may also analyze a witness’s prior statements and flag potential credibility issues. This allows attorneys to tailor preparation sessions effectively and ensure that witnesses are ready for tough questions.

Generative AI tools, when wielded effectively, are capable of preparing direct examinations by suggesting logical question sequences, identifying key exhibits to introduce, and even suggesting the strongest tone to use with a particular witness.

While it’s essential to keep an attorney in the loop when using AI in support of trial preparation—to use a football analogy in the spirit of the season—AI tools can bring trial lawyers from their own goal line to the 50-yard line in a snap. This jump start frees up attorney time to focus on the tasks that result in a more confident, better-prepared witness, and a smoother trial presentation.

Ethical Obligations

When AI tools are leveraged creatively and effectively, it may result in benefits during trial preparation. It’s essential to remember that the same ethical obligations governing attorney conduct extend to the use of AI. (Be sure to check your local jurisdiction for relevant standing orders or guidance documents, too.)

Attorneys must always verify the accuracy of AI-generated outputs and remain responsible for all strategic decisions made at trial.

Confidentiality should also be considered. Attorneys must ensure that any AI tools used are secure and compliant with applicable data protection standards, firm policies, and client specifications.

Another Instrument

AI can’t replace the strategy, creativity, and experience of trial lawyers. It does, however, have the potential to serve as a powerful assistant. AI tools offer practical ways to streamline preparation, sharpen strategy, and improve courtroom performance.

By strategically embracing AI tools for theme development and witness preparation, litigators may gain a meaningful edge, without sacrificing the human judgment and advocacy that will always remain at the heart of trial work.

As the legal profession continues to evolve with regards to AI, the most effective trial lawyers will be those who combine their traditional skills with these modern tools.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Kaitlyn Stone is partner at Barnes & Thornburg and counsels leading health and life sciences, pharmaceutical, and medical device companies.

William Carlucci is an associate at Barnes & Thornburg and handles the complex and ever-changing landscape of product liability, toxic torts and mass torts.

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