While practicing as a Trial Consultant, I have come to realize that most of my clients are concerned with a variety of similar issues. Accordingly, here are the answers to some Frequently Asked Questions:

Why Do a Focus Group?
Focus groups are done for a variety of reasons: to determine whether a case should be accepted at all; to determine the liability or damage potential; to determine whether a case should settle, and if so, for how much; to evaluate evidence or witness testimony; to devise demonstrative aids or help in future witness preparation; to develop themes or strategies for mediation or trial; to determine what a jury would want answered from you so that you may then acquire that information during discovery; and to determine what is important, irrelevant, or a problem area for the jury (which is usually different from the attorney's perception).

What do I need from you in order to conduct an Informal or Web-based Focus Group?
Very simple: All I require from you is (1) One Page of Facts, (2) One Page/Bullet Point of the 5 Worst Problem Areas of your case (i.e. in the alternative, your opponent's 5 strongest arguments), and (3) Any Video Depos or Crucial Documents you want to test.

Why are Focus Groups Conducted in Hotel Conference Rooms?
A Hotel Conference room is, in essence, neutral ground. The Jurors are not biased by seeing law firm signs, it is easier to keep confidentiality, and the Jurors are not intimidated by Attorneys out of their normal habitat and in casual clothing. If in Broward, I can perhaps use Becker & Poliakoff's one-way-mirror conference room.

Can Confidentiality be Guaranteed?
Jurors do sign an agreement, but the Trial Consultant Cannot Guarantee that they will keep it confidential. The Report/Analysis is considered to be Work Product.

How does the Trial Consultant find the jurors?
Usually, Trial Consultants respond to this question by saying that it is a "Trade Secret". However, there are many different ways that Trial Consultants procure jurors, including Database, Newspaper Ads, Employment/Temp Agencies, Market Research Firms, Email/Website, and Public Places. Each technique has its own advantages and disadvantages, which I will explain to you in greater detail during my presentation. ALL Jurors are PAID, regardless of how procured, and the fee usually ranges between $12-15/hour.

Can Clients Come to the Focus Group or Read the Report?
No. Trial Consultants strongly recommend against client coming to the group as an observer or reading the report. The Attorney can reframe the research results in his own words and discuss with his client. We don't recommend allowing the client to read the actual report in that the client may get high expectations that might not be obtainable or become discouraged, depending on the results of the research. Clients may not appreciate that research must be interpreted, and thus, cannot definitively predict outcomes of the actual case as there are evidentiary rulings and other motions that the Judge will decide upon during litigation. Should you want to evaluate the client as a witness, Client will be excused from the room immediately following the "mock" cross-examination.

Can Clients Watch Video of Focus Group Being Conducted?
Most Trial Consultants strongly recommend against video-taping the research. Although considered Work Product, Video can accidentally get into the wrong hands. This tips off the opposition, allows them to strengthen their case accordingly, might create discovery or evidentiary issues, etc. It is much more prudent to simply tell your opponent during mediation or settlement negotiations that you had a focus group conducted and the results were favorable to you, rather than show the opponent a video.

Is the Cost Recoverable from the Attorney's client?
Yes, usually, if you win or settle the case.

When is the best time to do a Focus Group?
AS EARLY AS POSSIBLE. Do not wait until one week prior to trial to tell me you want a focus group done. Most of my clients, in fact, hire me prior to mediation in the hopes of settling and not having to go to trial.

What's the Catch?
Psychology is not an exact science. I hope the research helps you in your decision-making process. Trial consultants suggest various strategies to implement throughout litigation based on the research; however, this is just one tool in the attorney's arsenal. Every little edge helps, although, results are not guaranteed.