When to do research
Increasingly, attorneys commission jury research prior to making important settlement decisions. Conducting premediation attitude surveys, focus groups, and mock trials allows an assessment of the value of the case, including the strengths and weaknesses of both liability and damages theories, prior to evaluating a demand or offer. Premediation jury research also provides a reality check for clients so that they will recognize the likely outcome of the trial in the event the case is not resolved during mediation. Premediation, jury research is an effective and efficient means of managing cases.
Contact Magnus to learn more about the effectiveness of premediation jury research.
Magnus Research Consultants’ Director of Research, Dr. Melissa Pigott, has been conducting scientific studies of juries for decades. During this time, one of the most frequent questions she has been asked by attorneys pertains to the optimum timing for jury research. As with many things in psychology, the answer is, “it depends,” based on the overall goal of the jury research. However, generally speaking, sooner, rather than later, is the best time to conduct jury research.
The primary benefit of conducting jury research early in the litigation process is obtaining information about the case from the perspective of the decision makers, the people who are a representative sample of jurors. Often, experienced litigators and trial lawyers, as well as insurance adjusters, risk managers, and corporate representatives, judge the facts of a case from a narrow perspective based on experiences which are vastly different from the experiences of the average person. Learning about a case from the perspective of mock juries, comprised of people who have no training in the law, insurance, or areas related to the lawsuit, provides valuable information that cannot be obtained through any other source. On countless occasions, Magnus has worked on cases for clients who are self described skeptics at the outset and who, after listening to the input provided by the mock jurors or research participants, express the belief that the information they gained could not have been gathered by any other means. Magnus can say, with 100% accuracy and confidence, that we have never had an attorney or an attorney’s client tell us that the information provided by us as a result of our jury research was not helpful for trial preparation purposes.
An interesting criticism that has been made over the years is that we were not forceful enough in explaining to new clients all of the reasons why doing jury research as soon as possible is in their best interests, as well as in the best interests of their client. For some attorneys, “seeing (or hearing) is believing,” such that it is difficult to fully appreciate the benefits of being able to tailor one’s case in a way that anticipates what the jury wants to know. Once the “aha!” phenomenon is activated, these attorneys tell Magnus that we should have insisted they conduct jury research as soon as possible, well before discovery is finished, so that they can base their trial strategies on real, scientific data instead of hunches about how a jury will respond to the case facts.
In recent years, most of Magnus’ clients have moved away from conducting jury research immediately before trial and instead, are retaining us well before mediation (and arbitration). The preparation that goes into mock jury research, including fine tuning jury instructions and drafting the verdict form, is largely the same as trial preparation, such that the attorney who conducts jury research has a head start on the trial. In general, there is no time like NOW to conduct jury research.
Contact Magnus to schedule your jury research, and the sooner, the better.
Over the years, Magnus has found that some attorneys view jury research as the “icing on the cake”; sometimes, these attorneys believe they can do without the icing/jury research. Although we recognize some cases do not warrant research, we also know many attorneys and/or their clients underestimate what they will gain from the jury research process. Of all the costs associated with litigation, properly conducted case specific jury research has one of the greatest benefits to attorneys by ensuring the outcome of the case is maximized. Magnus has seen many cases in which jury research would have made a tremendous difference in the outcome. Testing one’s case for the first time in the courtroom is never a wise strategy. It is far better to conduct pretrial or premediation jury research to allow adjustments to be made in overall strategy or to reconsider settlement alternatives. Magnus strongly believes jury research is not the “icing”, but an essential ingredient in your case.
Contact Magnus to find out why jury research is an essential part of your case preparation.
Many of our clients ask us when we believe is the best time to conduct jury research. If the attorney believes the case will definitely go to trial and that mediation will not be productive, waiting until after mediation may make sense. However, more often than ever before, attorneys are retaining Magnus for premediation jury research. Premediation jury research allows the attorney to effectively evaluate the case early in the litigation process, prior to making the substantial expenditures necessary to take the case to trial. Premediation jury research provides an efficient, cost effective means of gaining valuable insights on the strengths and weaknesses of the case which can be used to evaluate the most effective mediation strategies. In any event, the sooner research is conducted, the sooner the findings can be incorporated into litigation strategy.
Call Magnus to find out more about effective case evaluation.
Attorneys often ask when is the optimum time to conduct jury research. The answer is, “it depends.” There are several times during litigation to conduct jury research in a way to maximize knowledge gained from the process. Some attorneys conduct jury research before a case is filed, to determine whether it is worth pursuing. Most attorneys conduct jury research before discovery is completed, so that deposition questions can be posed to answer potential jurors’ concerns. Many attorneys now use jury research findings to aid them in the mediation process and/or to evaluate a case’s settlement value. Pre-trial jury research, although until recently the most common time for commissioning jury research, remains an appropriate time. It is important to remember, however, that jury research must be conducted early enough to allow even a total restructuring of the case, if warranted.
Contact Magnus to find out the best timing for your jury research.
It has been said that timing is everything. In litigation, this is absolutely true. Certainly, the timing of jury research is critical to the litigator’s effectiveness in utilizing the results. In order to maximize the findings, jury research should be conducted at least two months prior to trial, mediation, or arbitration. This is because Magnus prepares extensive written reports following jury research sessions that require review and implementation of the strategy and graphic recommendations made for trial/mediation/arbitration. Although jury research can be performed closer to trial, clients who retain Magnus early will achieve the maximum benefit from our work.
It is never too early to schedule your jury research.
Many attorneys limit their use of jury research to pre-trial research. In fact, until a few years ago, pre-trial jury research was considered state of the art in the litigation arena. In today’s climate, however, savvy litigators are increasingly turning to pre-mediation jury research as a means of evaluating their cases earlier in the litigation process. Pre-mediation jury research has several distinct advantages:
- it provides a cost-benefit analysis of taking the case to trial
- it provides clients with a “reality check” they need to determine how, or whether, to proceed with the case
- it allows the attorney to be more prepared to represent his/her client during the mediation process.
Pre-mediation jury research is often more economical than pre-trial jury research, providing another benefit shared by both the attorney and client.
Contact Magnus to learn find out more about the benefits of pre-mediation jury research.
In Magnus’ more than twelve years of providing jury research and consulting services one of the challenges we continue to face is our ability to convince potential clients of the need to retain Magnus early in the trial preparation process. There are at least five reasons it is never to early to call Magnus:
- to avoid a conflict of interest
- to obtain our evaluation of the appropriate time frame to conduct research on a particular case
- to ensure key dates on your case schedule, for example, mediation, arbitration, discovery cut off, and trial, and our work schedule are in sync
- to allow you the time necessary to make adjustments in your case once you receive our strategy recommendations
- most importantly, so that our effectiveness is not hindered by having to rush because we have been retained too late.
Overall, the sooner Magnus is permitted to work on your case, the more beneficial our services will be for you and your client.
Don’t wait – call Magnus early in the trial preparation process.
On an increasing basis, many civil cases, especially those of a complex nature, involve arbitration as an integral part of the litigation process. Many of Magnus Research Consultants’ clients fail to take advantage of a valuable pre-arbitration resource, mock arbitration research, because they are unaware of its availability. Just as Magnus has considerable expertise in conducting mock jury research, Magnus is also experienced in conducting mock arbitration (and mock mediation) research. Magnus uses experienced arbitrators who react to a summary of the case facts on both an individual and group basis. And, just as with Magnus’ other research programs, mock arbitration research includes a comprehensive report that focuses on enhancing the attorney’s effectiveness at arbitration.
Contact Magnus to learn more about pre-arbitration research.
Many attorneys wrongly believe jury research should be conducted “at the last minute,” “right before trial,” or “if the case doesn’t settle.” This type of thinking ensures the attorney will fail to derive maximum benefit from everything jury research has to offer. When investing time, money, and other resources into jury research, it is a good idea to conduct the research sooner, rather than later, in the litigation process. Magnus conducts research for many clients well in advance of the discovery cut off, to aid the attorney in conducting discovery around what the jury will want to know. At a minimum, jury research should be commissioned prior to mediation, so that the results can be used to develop strategies for use during mediation. Attorneys who wait until the last minute to do jury research often lament that they wish Magnus had forced them to conduct the research much sooner!
Don’t wait – contact Magnus early in your case preparation.
and are registered trademarks of Magnus Research Consultants, Inc. Magnus provides Trial Consulting or Jury Consulting services for attorneys and litigants in civil lawsuits and criminal litigation. Magnus’ trial consultant services include mock trials, focus groups, online mock trials, online focus groups, online research, virtual mock jury, attitude surveys, witness preparation, jury selection/voir dire consultation, demonstrative evidence, animations, and trial presentation services. Jury research, mediations, mock bench trials, mock mediations, and mock arbitrations assist litigators and their clients by providing risk analysis for cases and evaluating case strategy options to maximize trial outcomes. Magnus is a Florida-based trial consulting firm (working in Miami, Fort Lauderdale, Broward, Boca Raton, West Palm Beach, Orlando, Tampa, Jacksonville, Fort Myers, Tallahassee, etc.), providing services nationwide.