Focus group studies have an important and specific role in finding relative answers for questions about juror perceptions of the issues, witnesses, visual aides, and other aspects of the case. Clients often use focus groups early in the discovery process to discover what native experiences, concerns and idea jurors bring to the case and determine the level of juror education needed in the courtroom. Focus groups are helpful for identifying initial impressions, discovering useful metaphors and analogies and ascertaining reactions to defenses and bad facts.

Since the focus group is an interactive format, the consultant can conduct an in-depth examination of what jurors do and do not understand about the case issues. The focus group format includes free-flowing discussions of the issues in the case conducted by the facilitator and counsel. The jurors’ feelings, thoughts and knowledge about the case issues are exhaustively tapped. Focus groups are conducted with research participants in a live setting observed by the trial team (and client if desired) in an observation room. The focus group helps sort out the relevant and irrelevant issues and assists in developing compelling ideas for themes and the story of the case. The purpose is to uncover the underlying psychological reactions to the allegations, defenses, facts and issues. 

The focus group provides important information on: 
 

•  Jurors’ perceptions of the litigants.
•  Jurors’ comprehension of important concepts, terms and issues.
•  Educational and psychological devices used by jurors to understand the case.
•  Types of evidence that jurors may need to make their decisions easier.
•  A preliminary test of alternative case strategies using “what if” scenarios.
• Themes and case issues as described in the jurors’ own words that can be used by counsel in trial.

One of the most important questions asked when making decisions about settlement and mediation is “what will a jury do?” Although we cannot predict exact verdicts with certainty, we can approximate the range of a likely verdict and obtain clear impression and perceptions of likely jurors about the issues in the case with both the mock trial and interactive focus group formats. You, as a litigant, have the right to make use of the most advanced sources of information in the process of developing a successful settlement or trial strategy.