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Imagine that you are back in your high school history class and it is time for your final exam. How well would you do on that exam if you had a sneak peak at the exam questions – before you took the test?

Fast forward to the present and instead of preparing for a history exam, you are preparing for a jury trial. How well would you do in that trial if you had a sneak peak at the jury deliberations – before the trial even began?

There is a way to for you to get a peak at jury deliberations before a trial, if you use a focus group. A focus group involves presenting your case to a group of jury eligible individuals in order to get feedback from them regarding your case.  There are many different ways to conduct a focus group but all focus groups fall into one of three general categories.

• Deliberation Focus Group – In this type of focus group, you present a written summary of the case from your perspective and from the perspective of your opponent. Focus group members use the case summaries to deliberate and reach a verdict. This type of focus group can provide information about your case’s strengths and weakness. If three or more focus groups are conducted, you can develop voir dire questions and juror profiles.
• Presentation Focus Group – In this type of focus group, the case summaries are presented orally to focus group members. You would present your case and an attorney in your office would present your opponent’s case. You can also present portions of deposition videos or live testimony of fact witnesses and expert witnesses.  This type of focus group can give you all of the same information as a Deliberation Focus Group, except you get additional information about your witnesses and how well you present your case.
• Presentation Focus Group with Perception Analyzer – This type of focus group is the same as the Presentation Focus Group except there is a twist. In this focus group, the members of the focus group have electronic dials they use to record their moment by moment reaction to the attorneys and witnesses. Since the focus group members can make ratings in total anonymity, you will get the private ratings and reactions that most jurors are not willing to make in public.

Focus groups are becoming increasingly popular among trial attorneys because focus groups allow a sneak peak at the ultimate issue – jury deliberations. Whether you conduct your own focus groups or if you hire a trial consultant to assist in this matter, you should take advantage of every opportunity to prepare for trial. Focus groups are just one way you can Combine the Art of Law…with the Laws of Science.