Issue Evaluation Research Methodologies

Trial Consultant designed Issue Evaluation Research Methodologies are designed to evaluate complex, unique, or vexing case issues in a non-adversarial program of research.

Issue Evaluation Research Methodologies include simple and complex Jury Focus Group options as well as quantitative methodologies, such as a Community Attitude Survey where the power of statistics and big data can be employed.  Other service options involve more general trial consultant / trial attorney consultations.  Generally, Issue Evaluation Research Methodologies are intended to be utilized early in a case to assist in the discovery process. These methods are especially useful for cases with complex litigation and are often the first of multiple phases of research in such cases.

Community Attitude Survey

Community Attitude Surveys are warranted when: the issues or parties involved in the litigation are high profile; the case issues are unique; juror profiling is desired; and/or to support a change of venue motion. Community Attitude Surveys are conducted via telephone interviews of jury eligible citizens in the trial venue.  Community Attitude Surveys involve a case review and survey design by the trial consultant who will work with the trial team to refine the survey before data collection begins.  After the survey data are collected, they are statistically analyzed by the trial consultant who reports the findings to the trial team.

Case Analysis Survey

A Case Analysis Survey (CAS) is a detailed Jury Focus Group used to determine participants’ (usually jurors’) attitudes and perceptions regarding key issues specific to a lawsuit.  A CAS works through the key issues on an issue by issue basis to aid in structuring discovery around what decision makers, usually jurors, want or need to know.  A CAS involves the presentation of the case information, in a neutral format, by the lead attorney.  The trial consultant moderates the discussion and interviews the participants through each of the issues.  A survey is utilized to extract individual level data about each issue.  The data are later analyzed, along with the results of the discussions in preparing the extensive written report of the CAS.  A CAS provides early identification of case strengths and weaknesses; it is a way of dissecting a case to see how the various issues interact.  Mock trial research of some design typically follows a CAS.  Case Analysis Surveys can be modified to be used for cases which will be arbitrated by substituting arbitrators for mock jurors.

Jury Focus Group Research

Jury Focus Group research involves a discussion of pertinent case issues to assess fact finders’ reaction to case facts and examines the human dynamics involved in the case. The Jury Focus Group is an informal discussion among the attorney, trial consultant, and research participants in which they “lead” the attorney through their questions and comments.  Simple surveys are utilized to gather individual responses to select issues in the case.   The trial consultant uses the survey data in preparing a written report for the trial attorney.  The structure and time allotted for a Jury Focus Group Research varies depending on the issues to be evaluated.  Mock trial research typically, but not always, follows the completion of a Jury Focus Group Research.

Case Issue Consultation

Magnus’ Trial Consultants provide insights to litigators in order to evaluate critical case issues in one on one, or in team strategy sessions. Case Issue Consultation typically includes document review by the trial consultant and “brainstorming” conferences with the attorney.

Issue Perception™ (Online)

Issue Perception™ is Magnus’ proprietary online jury focus group research methodology utilized to investigate individual and/or group responses to case issues. Magnus has developed 2 methods to study case issues. The first involves obtaining individual survey responses to case issues based on written or pre-recorded videos of case information. Participants respond in a self paced fashion in answering survey questions written by the trial consultant. Various sample size options are available.  The second involves a group of respondents who are assembled into an online jury focus group discussion. This can involve using participants from the individual surveys or conducted in as a stand alone jury focus group; multiple panels can be utilized as Issue Perception™ Research can be customized, depending the case specifics and issues. The proceedings are recorded for analysis of results and client viewing. As with all of Magnus’ research methodologies, the participants are jury eligible citizens of the trial venue. Magnus prepares a written report based on the research results.

Watch the video below to see an example of a Case Analysis Survey.