Trial Consultant at Work: Mock Jury and Focus Group Research
As a trial consultant, part of our job is explaining the various options for mock jury research. There are many options, but at the core, there are some general parameters for a mock trial or focus group. Yet, visualizing the “research day” when a mock jury or jury focus group is to be conducted can be difficult. We, at Magnus, know what it looks like, and how the process flows using our time tested jury focus group or mock jury protocols, but we are frequently asked to explain what the research day looks like. Trying to turn words can leave something to be desired, so, the following is an overview of the procedures involved on a typical mock jury research day. The process varies depending on the specific parameters of the research design, for example the process varies if it is an adversarial mock jury or a neutral jury focus group, but this overview will help prospective clients to visualize the proceedings.
The research day begins early with the arrival of the research team at the research facility. This includes the jury consultant (aka trial consultant) and research team. A mock jury, or jury focus group, takes a team to ensure the proceedings flow smoothly. Magnus’ Research Associates (RAs) are responsible for equipment set-up and testing prior to the arrival of mock jurors. Upon the arrival of the mock jurors, the RA briefs them on their responsibilities during the mock jury or jury focus group.
The mock jurors complete written questionnaires to provide background and baseline information about themselves. General case related questions are also included in the questionnaire, which is designed by the trial consultant based on a review of the case documents. The structure of the survey varies depending on the type of mock jury or jury focus group being conducted. Baseline questions are asked before any case specific information is provided to the mock jurors and at various other intervals during the session. Traditional paper surveys have been replaced by the use of iPads for data collection.
After the jurors have completed the initial questionnaires, case arguments for the plaintiff(s) (or, in criminal cases, the prosecution) and the defendant(s) are presented by attorneys on behalf of both sides of the case. One of the presentations is made by someone roleplaying the “other” side and the presentation takes the form most attorneys refer to as a “closing argument.” In reality, it is a combined opening and closing argument. Attorneys use photos, diagrams, and other demonstrative evidence as a part of their presentations. In the case of a Jury Focus Group, one attorney presents the case information in a neutral format. Electronic presentations of PowerPoint and litigation specific programs such as TrialDirector. It is common that “end clients” such as the parties to the case, insurance adjusters or company representatives want to observe the proceedings. This is accomplished by the use of market research facilities with 1 way mirrors or a closed circuit television feed to the observation room.
After the case presentations are complete, jury instructions and verdict forms are provided to the mock jurors verbally and in writing by the lead jury consultant. The mock jurors then elect a foreperson and deliberate. Deliberations are video recorded, and monitored live from the observation room by the trial consultant(s), attorneys, and other members of the trial team. A jury focus group does not have a verdict form or jury instructions, but the proceedings are monitored in the same ways as a mock trial.
Upon the completion of deliberations in a mock trial, the mock jurors complete a final section of their questionnaires providing us with their individual thoughts. The data collected on the individual surveys in both mock trials and jury focus groups are later statistically analyzed and, among other things can provide the basis for juror profiling for jury selection. (Information on jury selection, or voir dire consultation, is contained elsewhere on this website.) In mock jury research, the final step is post verdict interviews is conducted by the trial consultant(s) to probe further on specific issues of interest. After the research day, the trial consultant prepares a written report outlining the research findings and providing strategy recommendations for the further litigation of the case.
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.
