4 TIPS TO LEARN FROM MOCK JURY FOCUS GROUPS

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4 Tips to Learn from Mock Jury Focus Groups By James Cortopassi

Posted September 21, 2015

In Mock Jury, Trial Services

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0 When an attorney works on a case for so long, his or her mind becomes completely

engulfed with the ins and outs of the arguments, how the attorney expects the opposing

side to counteract, and assuming a certain outcome. Unfortunately, this dedication to a

case can oftentimes make an attorney a bit blind to certain aspects of their case, including

how they are perceived by a jury or the bench at the actual trial or hearing, the

significance of certain trial exhibits as it pertains to supporting a claim or defense, and the

fine line of offering up just enough argument as to keep the audience’s attention and

avoid confusion and/or boredom.

That’s why utilizing a mock jury focus group can be so beneficial. It’s a means of

stepping outside of the case and seeing the case from a potential jury’s point of view. The

attorney will begin to see where their strengths and weaknesses are in the presentation,

and what aspect(s) needs work or consideration.

Sometimes with focus groups, only certain parts of the presentation will be

communicated to the mock jurors, and it may be done by a moderator in conjunction with

the attorney. The results will then be relayed back to those working on the case. However

because the idea of a mock jury focus group is so concentrated, it’s important to try and

pick out your weakest or complicated points to test, to determine how much improvement they actually need. Here are 4 tips the litigation team and attorney will learn from using a

mock jury focus group:

Which Messages are Sticking An important thing to remember about your jury audience when it comes to the

actual days of the trial is that you do not want to overwhelm them. Provide them information they can handle, and give it to them slowly and in a working order. A mock

jury focus group will allow litigation teams and attorneys the opportunities to see which

information is absorbed best by the mock jury, and when such information should be

delivered. This will answer the question of which information sticks? And once you are a

little better versed in the answer to this question, you can throw out some of the

superfluous information that only seemed to cloud the jurors’ minds.

Which Arguments are Working Best Try using different arguments about the same topic to see which one is working best.

Are certain arguments better proffered together with a trial exhibit or some

technology? Mock jury focus groups will give you the reactions you need to see, which

one made the most sense, which one was the most convincing, and which one correlated to the rest of your arguments the best. Practice makes perfect, and mock jury focus

groups are the best way to rehearse for the trial or other proceeding.

Which Mannerisms Should be Avoided Body language can be just as important as the words coming out of an attorney’s mouth.

In the case of a focus group, the actual attorney may not be the one presenting the case,

but if he is the jurors will have the opportunity to also make comment on his confidence

in the case, his strength in speaking, and how he carried himself. Charming your audience can sometimes be half the battle when it comes to convincing a jury. However, there is a

fine line of being overly confident that can be quite a turnoff to certain jurors – including

how you examine a witness.

Which Juror-Characteristics are Best for my Case Mock jury focus groups come in many flavors. Some attorneys prefer to conduct a full

mock-trial, waiting until the end to discuss with the group their findings, verdicts and

concerns. Others prefer to conduct an exercise in-line with a Q & A, pausing the group at

times to note certain reactions to arguments, demonstrative evidence, witness testimony,

etc. Regardless of the method you prefer, it is important to recognize the individual

reactions and conclusions that are a result of the exercise. What were the characteristics

of group members that found in your favor? Which jurors preferred the use of trial

exhibits and technology? What is the commonality between focus group members who

did not find your witness to be credible? These are all questions that may lead the

attorney to select an actual panel accordingly and/or have a new position as to settlement.

When it comes to legal matters, it’s important to have all the facts of the case in an easy

to understand, manageable order for your jury. Mock jury focus group services should be

crafted to your case, offering the right package that is proportional to scope, exposure,

budget and time. Utilizing a mock jury can point out major argument and presentation

flaws that you might have missed or not considered. Contact us today at Litegation to set

up a mock jury focus group or for any of our other litigation support services.

James Cortopassi