The Advantages of Focus Groups as a Jury Research Tool

Jury research may seem a vague concept, but it’s hugely important when preparing a case. But what is jury research and what does it include?

Jury research focuses on testing the evidence, the witnesses, and the trial strategy in front of people like the ones who can be jurors in an actual case. The defense team can prepare the case based on the results obtained during this type of research. For instance, during the study, the defense team can find valuable information about the strengths, weaknesses, and risks related to the case. This information helps the case a lot because it can be the basis for settlements, a new trial strategy, or for witness preparation. In simpler words, jury research provides a lot of information to the legal defense team and helps them plan the best defense strategy.

Although jury research brings a lot of benefits for virtually every type of trial, few defense teams do it. The reason is quite simple – proper jury research is very expensive, both in time of costs and time. Simply put, many litigators don’t have the resources to start this process and complete it successfully. This is especially true when we consider the time constraints – few legal teams have enough time to adequately research documents, gather information, and do full jury research. Unfortunately, because of these reasons, jury research is seen as a luxury, and it’s only used in high-stakes trials, where risks are extremely high.

But what are your alternatives? How can you do proper jury research without having to spend so many resources? How can a witness preparation consultant in Jacksonville help you? Do you need a Palm Beach litigation strategist to implement these tools? Let’s see:

What can be used as jury research?

Mock trials as jury research tools

One of the most effective jury research tools is mock trials. This is where the attorneys get to present the case in front of a group of surrogate jurors. The whole trial can be mimicked in mock trials. For instance, witnesses can be presented either live (as real witnesses) or as surrogates, and the evidence can be presented truthfully. After the opening and closing arguments, the surrogate jurors will deliberate to a verdict, similarly to a real trial.

When executed professionally, mock trials are very effective jury research tools. However, there are some limitations:

• the other party cannot present the case properly (as the mock trial is organized by one party)
• the information gathered cannot always be implemented in the actual trial
• presenting a case in a mock trial is different from an actual trial
• there is a fake desire to win the mock trial, even if it’s not important
• the case cannot be fully tested and assessed

Focus groups as jury research tools

Another major tool that can be used as a jury research tool is working with a focus group. They are quite similar to mock trials, but they are more adaptable and the results can be interpreted freely. The information presented to a focus group is non-adversarial, general, or neutral. The information is not provided in order to simulate an actual trial. The purpose of focus groups is to provide feedback, themes, and evidence that helps people understand the case. Focus groups are also immensely helpful for Palm Beach litigation strategists, as they provide good information about the people’s attitude toward the case and the evidence. It also helps witness preparation consultants in Jacksonville, as it provides information on how the people see the case and the role of witnesses. What’s more, the information gathered can help litigators plan the witness interview, the questions and how will they be used.

Focus groups – the easier way to get the best results for your case

Focus groups are far more simple than mock trials. As opposed to a mock trial, focus groups feature a group of 8 to 12 participants (mock trials often include more than 40 participants) and a single neutral presenter. This person presents the case in the third person (“the attorney will say this” or “the plaintiff will then argue”) and will wait for feedback, which is summarized after the meeting.

Because focus groups are conducted in this manner, many of the problems caused by a mock trial are avoided. For instance, the impact of advocacy (and its quality, or lack thereof) is removed. Also, focus groups are less stressful and there is much less focus on presenting the evidence. This means that the focus group focuses on the information provided, not on how it is provided.

The presentation done during a focus group meeting is read from a script. This type of presentation helps the defense team organize ideas and plan questions. It allows input from multiple people involved in the case – defendants, witnesses, and attorneys. The scripts can be changed or adapted according to the new information provided. What’s more, there is no pressure to win a mock trial, and attorneys are not focused on impressing the audience. Simply put, Palm Beach litigation strategists can learn from providing information; they are not spending valuable resources in order to impress people.

Focus groups are also particularly helpful because they do not create an emotional atmosphere. The tone of the presentation is neutral, direct, and information-based. The results can be used during the discovery phase of the trial, they can be used for preparing mediation and other important phases of the trial.

Focus groups are amazing jury research tools because they require far fewer resources when compared to mock trials. Your witness preparation consultant in Jacksonville can plan a good focus group meeting in a couple of days. There are far fewer participants involved and you won’t have the logistic nightmare you have when organizing a mock trial. The location is also far less complicated to find. You just need an average meeting room that can accommodate 12 people.