The Use of Focus Groups
for The Trial Lawyer (Continued from page 21)
known but with sufficient time to make use of the knowledge obtained in the fo- cus group exercise.
OBTAINING AND SELECTING PARTICIPANTS Ideally, you would want to assemble a
group of people that will precisely reflect the actual jury pool’s race, gender, age composition and life experiences. In the psychological and statistical literature, this is called a “representative sampling.” However, with the small number of people involved in a typical focus group presentation, usually less than 25, it is impossible to construct a statistically ac- curate representative sample model. Instead, you should strive to make sure that all segments of your jurisdiction’s race, gender, and age population are rep- resented in your focus group pool. We make “rough estimates” in selecting our participants to attempt to reflect the jurisdiction’s demographics. We also try to avoid focus groups with disproportion- ate numbers of young people, old people, etc.
Our office uses old jury lists and news- paper advertisements to secure participants. We run an advertisement in a community newspaper that reads:
PARTICIPANTS NEEDED
Tired of high jury verdicts? If you are a Montgomery County registered voter, your paid participation is needed in a 4-hour communications study about decision-making to be held in Rockville on 9/30/00. Call (telephone number).
The goal is to obtain the toughest ju-
rors available. You want the critics not the cheerleaders. It is from the former that you will learn the most since they will uncover and highlight the weaknesses in your case.
The telephone number used in the ad-
vertisement should be a dedicated telephone line in your office which is at all times answered “communication study” following the running of the ad- vertisement in the newspaper and until you have selected the participants. It is critical that the focus group participants not know your identity. At all times, the process should be conducted as if it were a “blind scientific” experiment to avoid any issue of skewed results.
During the initial telephone contact,
we use a form to obtain the needed de- mographic information including name, address, telephone numbers, birth date, marital status, occupation, etc. We also inquire whether the prospective partici- pant has received notice advising them of future jury service. The latter is to avoid any issues of potential jury tampering by including someone who may be in the actual jury pool. The form includes a short speech as to the purpose of the study which basically indicates that we will be conducting a communication study con- cerning analysis of decision-making processes. The prospective participants are advised that they will receive $50.00 in cash for their service if they are selected. We also inquire as to their availability for the scheduled time, date and place for the focus group presentation.
The caller is
informed that we will be selecting the participants in the near future and that if selected they will receive a letter notify- ing them as to the details. Once the initial telephone interviews
are completed, we select about 30 people and attempt to balance the panels on the basis of age, gender, and ethnicity. While difficult to predict because of weather and other variables, assume about a thirty per- cent no show rate. About 10 days prior to the scheduled
focus group presentation, we send out let- ters to the selected participants advising them they have been selected. to partici- pate.
These letters are prepared on a
“Communications Study” letterhead and forwarded in envelopes that do not iden- tify our law office in any manner. A sample of this letter is included in the materials. It reiterates that the purpose of the study is to determine what kind of information is the most useful to people asked to make a decision. They are in- formed that they will be asked to listen to an oral presentation and reach a decision as to certain questions posed after presen- tation of the information. The location and start time for the presentation are also provided. We make a follow-up reminder telephone call to each participant at the beginning of the week before we conduct the focus group. One word of caution is appropriate
here. While we do look for the worst ju- rors available, we do not allow “poison pills” to participate. These are people who have a personal investment in destroying the tort system and who would never be permitted to participate in a real jury. These people have the potential to take over the proceedings and stifle the very type of discussion you want to promote. Their focus is not on your case but rather on the tort system. Hence, people like insurance adjusters and officials of the
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