There is a common misconception that, jury research including mock trials and focus groups should be utilized only for trial preparation purposes. Magnus often hears attorneys say, “if the case doesn’t settle, we will conduct jury research.” Jury research that is performed hastily, just prior to trial, is preferable to conducting no jury research, but the sooner the attorney commissions jury research, the greater its benefit for the trial team. In fact, for optimum benefit, jury research should be conducted early in the discovery process, so that discovery can include fact finding information to the decision makers (mediators/arbitrators). Jury research guarantees you will be in a stronger position than otherwise for both discovery and mediation. Conducting juror research early in the case also allows trial counsel to adjust case strategy based on the consultants analysis of the strengths and weaknesses in the case. Waiting until “the last minute” may work out well as a dress rehearsal for trial, but it never allows the attorney the maximum benefit of all that jury research has to offer. Another benefit derived from conducting jury research early in your case is to provide your client with a reality check that is often impossible once the trial date approaches. Overall, there is absolutely no downside to conducting jury research early in the case, prior to the start of settlement negotiations.
Contact Magnus to schedule your pre-mediation jury research. Don’t wait; contact us now!