We have spent many years refining jury research that is maximally useful for our clients. We recognize that mock trials and focus groups are a big investment. Our commitment is to ensure that you get valid research that translates well to trial and provides the insights you need to prepare to win.
Mock Trials
A mock trial is a structured, argumentative case presentation in which attorneys present both sides of the case. This exercise usually takes at least one day, and is ideal for testing:
- trial strategy, themes, and arguments
- reactions of jurors to expert and lay witnesses
- jurors’ comprehension of demonstrative evidence
- juror reactions to attorney presentation and demeanor
Mock trials are also useful for uncovering the juror attitudes and experiences that influence jurors’ verdict decisions. With a large enough sample, they can be used to develop a jury selection “strike” profile.
We recruit participants to match the local jury pool of your venue. Mock jurors are screened based on stringent demographic and experiential criteria, which can include criteria specific to your case. We screen out people who appear to be “professional” focus group participants.
In consultation with you and your trial team, we develop questionnaires and other mock trial materials designed to uncover key issues for jury selection and solicit juror reaction to most persuasive themes and arguments. We also brief ourselves on your case and provide you with insights based on our experience and research in similar cases.
After the mock trial, we perform both quantitative and qualitative data analysis and provide you with an oral presentation, summary report, or complete written report (depending on which best meets your needs).
Even if you are moving towards settlement, a mock trial can give you the leverage you need in negotiations. Having assessed the impact of damage arguments against a representative group, you can approach negotiations or case presentation with empirically sound information as well as your sharpest legal arguments.
Focus Groups
A focus group is an exploratory, creative conversation with a panel of surrogate jurors guided by our consultants. We prepare a script and questions in consultation with the trial team. The exercise can be conducted in a half-day or full-day session.
Focus groups are often structured in modular fashion, providing more feedback and earlier feedback than a traditional mock trial. This can be helpful in complex cases, so jurors can digest information in smaller increments and be allowed to discuss the presentations immediately after hearing them, rather than just once at the end as in a mock trial.
Rather than deliberating freely, the discussions are led by our consultants, and sometimes a member of the trial team as well. This allow us to explore each issue in a more exhaustive fashion.
Focus groups can be useful early in the discovery process to:
- Learn what native experiences, concerns, and ideas jurors bring to the case
- What level of education will jurors need on the subject matter
- Identify what trial themes will be most persuasive, and what types of fact witnesses will be needed
- Understand initial impressions, discover metaphors and analogies
- Ascertain reactions to arguments and bad facts, and what issues are relevant or irrelevant