The constraints of COVID-19 require trial lawyers to think creatively about trial preparation and management. Remote depositions and hearings are but the tip of the iceberg. All outward-facing aspects of the practice must be reimagined. Technology is a key element to be harnessed, but there are many variables to balance in this challenging and ever-evolving landscape. Many of the changes that are currently the result of necessity may become routine in the post-COVID world.

As many courts continue to set trial dates, lawyers must find ways to safely prepare for trial. In high-stakes, complex commercial litigation, that includes jury research. But when the pandemic precludes trial consultants and mock jurors from congregating in hotel ballrooms for daylong research exercises, lawyers need alternatives. While alternative jury research methods cannot fully replace traditional in-depth research, they fill an immediate need for developing juror insights during COVID-19. And, with the virtue of being less formal, expensive, and time-consuming, they could augment in-depth jury research even when masks and social distancing become less necessary.

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