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Jury Focus Groups: What Type of Cases can Benefit from them

Bill Shapard Jr., PRC
July 31, 2023

The use of jury focus groups has become a popular tool for trial attorneys to use in the pre-trial preparation process. Jury focus groups are comprised of a small group of individuals who are representative of the eventual jury pool, and they are asked to provide feedback on various aspects of the case, such as the strength of the evidence and the arguments presented by both sides.

Here are some examples of cases where jury focus groups have been used to help with pre-trial research:

  1. A medical malpractice case where the focus group helped the attorneys to identify key medical terms and concepts that were confusing to the lay jury, allowing the attorneys to simplify their arguments and improve their chances of success.
  2. A wrongful death case where the focus group helped the attorneys to identify potential biases or prejudices that might exist among the jury pool, allowing the attorneys to adjust their arguments and evidence to better address those biases.
  3. A products liability case where the focus group helped the attorneys to identify weaknesses in their evidence and arguments, allowing them to strengthen their case and improve their chances of success at trial.
  4. A criminal case where the focus group helped the attorneys to identify the most persuasive arguments and evidence, allowing them to craft a more compelling narrative and improve their chances of success at trial.
  5. A personal injury case where the focus group helped the attorneys to understand the emotional impact of the case on the eventual jury, allowing them to tailor their arguments and evidence to minimize any negative impact.
  6. A defamation case where the focus group helped the attorneys to identify key issues that might be confusing to the lay jury, allowing them to simplify their arguments and improve their chances of success.
  7. A class action lawsuit where the focus group helped the attorneys to identify common concerns and issues among the potential class members, allowing them to tailor their arguments and evidence to better address those concerns and issues.

One of the most significant benefits of using jury focus groups is that they allow trial attorneys to test their theories of the case before they present them to a judge or jury. This can be particularly helpful in cases where there is a lot of uncertainty or ambiguity surrounding the facts of the case, or where there are multiple potential legal theories that could be applied. By testing these theories in front of a focus group, trial attorneys can get a better sense of what arguments are most persuasive, and where there may be weaknesses in their case.

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Another benefit of using jury focus groups is that they can help trial attorneys to better understand the attitudes and beliefs of the eventual jury pool. This is particularly important in cases where the facts of the case may be controversial or where the outcome could be influenced by factors such as race, gender, or socio-economic status. By engaging with a representative sample of the eventual jury pool, trial attorneys can get a better sense of how these factors may impact the jury's decision-making process, and they can tailor their arguments accordingly.

Jury focus groups can also be helpful in identifying potential biases or prejudices that may exist among the jury pool. This is particularly important in cases where there is a lot of media coverage or where the case has generated a lot of public attention. By presenting the case to a focus group and gauging their reactions, trial attorneys can identify potential biases or prejudices that may exist, and they can work to mitigate those biases through their arguments and evidence.

Perhaps one of the most significant benefits of using jury focus groups is that they can help trial attorneys to better understand the emotional and psychological impact of the case on the eventual jury. This can be particularly important in cases where there is a lot of emotional or psychological trauma involved, such as cases of sexual assault, child abuse, or wrongful death. By presenting the case to a focus group and observing their reactions, trial attorneys can get a better sense of how the evidence and arguments will impact the eventual jury, and they can tailor their presentation to minimize any negative impact.

In conclusion, the use of jury focus groups has become an increasingly popular tool for trial attorneys to use in the pre-trial preparation process. By testing their theories of the case, understanding the attitudes and beliefs of the eventual jury pool, identifying potential biases or prejudices, and gauging the emotional and psychological impact of the case on the jury, trial attorneys can better prepare themselves for the trial itself, and increase the likelihood of a successful outcome. While there are certainly limitations to the use of jury focus groups, such as the cost and time involved, the benefits of using them are significant and can ultimately make a big difference in the outcome of the case.

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Bill Shapard Jr., PRC
Founder & CEO

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