Trial Monitoring Overview

Providing Insight, Oversight, and Evaluation During Trial

Trial monitoring provides clients, insurers, and corporate counsel with independent, real-time evaluation of trial counsel’s performance, strategy execution, and overall trial progress. This service helps decision-makers stay informed and identify issues early, often before they affect outcome or cost.

Whether a matter involves high exposure, complex strategy, unexpected counsel behavior, or simply the need for additional oversight, trial monitoring offers objective, experienced analysis during the most critical phase of litigation.

What Is Trial Monitoring?

Trial monitoring involves attending trial proceedings—either in person or virtually—to observe and evaluate:

• Effectiveness and preparedness of trial counsel.
• Execution of trial strategy and theme development.
• Jury reactions, witness credibility, and courtroom dynamics.
• Potential billing or staffing issues revealed during trial.
• Overall alignment with client or insurer expectations.

The goal is not to direct trial counsel, but to provide the client with an informed, independent perspective to support better decision-making.

Why Clients and Insurers Use Trial Monitoring

Trial monitoring is often requested when:

• Exposure is significant and stakeholders need real-time updates.
• There are concerns about litigation costs, staffing, or billing patterns.
• An insurer is evaluating whether defense counsel is meeting obligations.
• Corporate counsel need insight into settlement posture or likely outcomes.
• A matter is high-profile or carries reputational risk.

Monitoring helps ensure that trial counsel’s decisions align with case objectives, budget considerations, and industry standards.

What Trial Monitors Evaluate

A trial monitor typically reviews:

• Opening statements, themes, and story structure.
• Direct and cross-examinations and courtroom pacing.
• Use of demonstratives, experts, and witness preparation.
• Effectiveness of objections and legal argument.
• Jury engagement and courtroom behavior.
• Trial counsel’s adherence to trial plan and budget.

Observations are documented neutrally and factually, ensuring credibility and usefulness in later evaluation or reporting.

Reporting and Deliverables

Trial monitors typically provide:

• Daily or periodic reports summarizing trial events.
• Evaluations of counsel performance and strategy execution.
• Assessment of potential verdict ranges or strategic adjustments.
• Identification of billing irregularities revealed in testimony or courtroom activity.
• Recommendations for communication, evidence handling, or settlement posture.

Reports are structured to be concise, actionable, and aligned with insurer or client expectations.

Role of Experienced Experts in Trial Monitoring

Trial monitoring is most effective when performed by professionals with:

• Deep knowledge of trial practice.
• Insight into claims handling and insurer obligations.
• Experience evaluating attorney performance and billing behavior.
• Ability to provide objective, independent perspectives.

With extensive experience in claims handling, insurance bad faith, and fee disputes, Jim Schratz provides practical, real-world insights that help clients and insurers understand trial progress, risks, and opportunities.