using focus groups to prepare your case

Beth Klein, J.D.Carrie R. Frank, J.D., M.S.S.W.Beth Klein, P.C1909 26th Street, Suite 1C

Boulder, Co 80302303-448-8884www.lawcolorado.net

© Carrie R. Frank - March 2008

‣ Juror bias is real and can be critical‣ You have limited time to reach the jury – you need to educate not confuse

‣ The lawyers’ version of the case might not resonate with jurors

‣ Focus groups help you understand and deal with biases

‣ Corporations and politicians have used them for years – why haven’t you?

© Carrie R. Frank - March 2008

‣Basic to complex cases and invaluable in all cases

‣Some of the best time & resources you can spend

‣ It’s risky to try your case “blind”‣Focus groups should become a routine part of your practice

© Carrie R. Frank - March 2008

© Carrie R. Frank - March 2008

EducatePrepareOrganizeLearn

© Carrie R. Frank - March 2008

Development of new ideas Discard bad ideas Test drive exhibits Create themes Identify biases Identify issues Identify reasons

▶ Concept focus groups▶ Targeted concept focus groups▶ Key piece of evidence▶ Witness screening▶ Exhibit screening▶ Structured focus groups▶ Split ▶ Mock trial ▶ Targeted juror focus groups

© Carrie R. Frank - March 2008

Before you accept a caseWhile discovery is pendingPreparing experts and exhibits

Close to trial

© Carrie R. Frank - March 2008

▶ Be neutral▶ If anything, favor the opposite side▶ You should not “win” or do great in the

early groups – concept or structured▶ Use confidentiality agreements &

questionnaires▶ Recognize that recruiting methods,

location and participants can affect your results

▶ Be aware of your own biases (a good reason not to run your own group)

© Carrie R. Frank - March 2008

▶ Trial consultants have a variety of backgroundsDifferent focus groups get different information

▶ Gain psychological perspective into your case

▶ Arriving at themes, sub-themes and sequencing of evidence

▶ Developing and interpreting questionnaire results

▶ Crafting voir dire and/or SJQ questions ▶ Assisting in jury selection

© Carrie R. Frank - March 2008

▶ Case assessment▶ Developing focus group protocol▶ Conducting focus groups and interpreting results

▶ Obtain feedback from focus group video review

▶ Obtain input into opening/closing, exhibits, trial strategy, etc.

© Carrie R. Frank - March 2008

How sequencing makes a difference How to develop your trial story and other trial

components The credibility of exhibits, witnesses, experts, etc. How themes and analogies are useful and can be

persuasive That not all issues are critical – especially

technical issues and not all expert theories are critical or helpful

Learn your key evidence What are non-issues and should be eliminated How to rename key words and phrases, eliminate

jargon and speak so you are understood

© Carrie R. Frank - March 2008