Focus groups are no longer just for testing products and ideas. Many lawyers are strategically using them for trial preparation and to test their case in front of a jury quite similar to what they might expect to get at trial. It is an opportunity to test different strategies and approaches and to ask one on one to each juror how they feel about a particular part of your case. In no other forum will you have such freedom to ask the tough questions and immediately get feedback on how a potential juror feels about your case.
We have found that to have a successful focus group there are three main elements that seem to work best.
Be Prepared
Have your case laid out and presented in the same way you intend to do at trial. This gives you the opportunity to ask the jurors their feelings as you present your case and will give you the ability to review your presentation later (see item 3).
Be Objective
Have someone else in your firm, or another lawyer you know present the other side of the case. Make sure the other side of the case is presented with what you know to be their position and what you anticipate they might try to surprise you with at trial. This gives the jurors a chance to hear both sides of a case and make a decision based upon the facts, much like a real jury during trial.
Review Later
Video tape the entire focus group and takes notes as you go. The video will be invaluable later to review facial expressions of the jurors as well as review the jurors opinions as well as see how you look and act during the presentation of your case. By having the ability to review your presentation you can fine tune your questions or change strategies on any particular issue of the case
We have found these three things to be the cornerstone of holding a successful focus group. There are many approaches to these strategies and finding what works for you and your case is important. By taking action and holding a focus group well before your trial you will be better prepared for your trial and it may just give you the upper hand and the tools you need to win the case for your client.
If you have never held a focus group or just want to learn more, click on the link below and we will answer any questions you might have.