Don’t Undermine The Value of Your Focus Group

 

A focus group has many benefits, among the primary being the opinions the mock jurors offer on the case—the strengths, weaknesses, validity of themes, etc.  However, focus group jurors can only provide opinions when asked the right questions. Too often, lawyers ask focus group jurors to deliberate and discuss only the verdict questions. This is a woefully inadequate use of the focus group.

Don’t rely solely on verdict questions to elicit opinions. Develop a list of questions that target your areas of concern. Every single one. It is far better to develop too many targeted questions and have whoever is facilitating the juror discussion eliminate them as necessary than to develop too few questions and miss hearing valuable juror opinions.

If the target questions are well designed, the juror discussion will reveal the weaknesses in the lawyer's presentation of the case. Too often, lawyers will interrupt juror deliberation to respond to juror criticisms with a vigorous “Yeah, but..." defense of their position. This response entirely undermines the value of the focus group. Why should an attorney ask for mock juror opinions if the result is to tell focus group members that the lawyer is right and they are wrong?

You will gain the most by embracing criticism, looking for its benefit, and not trying to defend against it. Lawyers who dismiss the focus group's criticisms and opinions and fail to incorporate them in their trial strategy might as well not conduct a focus group at all. Lawyers who do not mind losing the focus group to win the trial are the lawyers who will profit most from the process.

Your Client, Expert and Witness E-Impressions Matter! Manage Them Well

 

What is written has more weight than what is said. Always. That is why, when something is important, we write it down. That is why, in any courtroom, jurors will believe documents over witness testimony.

Unfortunately, clients often forget this, if they even ever stopped to think about it in the first place. And the handy “delete” button on our various devices leads one to believe that whatever is written in emails or texts, or posted on social media doesn’t really exist in the same way a written document does. We now know all too well the inaccuracy of that belief.

Educate your clients, experts and lay witnesses. E-impressions are just as important as the impression your client, witness or expert makes on entering the courtroom. You need to know what e-impressions already exist, should damage control be required, and emphasize to your clients, experts and witnesses the absolute necessity of being vigilant about how they are perceived online.

The same goes for your team. They must manage their online presence with the same care they manage all other aspects of their practice.

There is nothing evanescent about virtual reality; in a certain sense, it is, or certainly can be, in perpetuity. Poster beware!