IMPROVING THE ODDS: Strategic Use of Focus Groups and Mock Trials, not just for Jury Selection, but for Settlement and Trial

Have you ever said to yourself, "the problem with my last case was the jury? Maybe if the judge would have allowed better voir dire, or if I was better at reading people, maybe I would have won!"

When I hear lawyers say that, I can't help but think, "maybe the problem was with the case...."

Jury research (through focus groups, mock trials and/or surveys) helps reveal whether or not your case has a transcendent issue that is so strong that it is capable of uniting a diverse group of jurors, no matter what their differences in background, attitude and beliefs. While good cases do occasionally lose because of a "bad" juror, more often cases lose because of bad facts and the litigants' inability to recognize how bad those facts really were until it was too late.

This seminar helps lawyers recognize what we all know to be true but sometimes forget: Lay people with no stake in the outcome see cases differently than attorneys, their clients, or even judges and/or mediators. One person's opinion (even an expert) is no substitute for how a lay jury combines the facts with the law, their common sense and personal experience.

Strategic use of Focus Groups and Mock Trials: Attendees will learn how to:

  • Understand the key factors that make a difference to lay jurors.
  • Learn how mock trials reveal the most powerful issues in a case, helping lawyers re-strategize in the most effective possible way.
  • See how the data generated by a mock trial gives lawyers a huge tactical advantage for settlement, jury selection, and/or trial.

Effective Voir Dire: Attendees will learn how to:

  • Phrase questions so that jurors do most of the talking and most importantly, feel comfortable admitting their biases.
  • Make better use of side-bar questioning and follow-up so that jurors open up.
  • Innovate in ways that are effective and efficient, and fit within the constraints of what judges expect.
 

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