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How To Do Focus Groups by Augustus F. Brown


Submitting a client’s case to a jury


focus group is the single best method to prepare for trial. If a case is worth filing and trying before a jury or judge in the Circuit Court, it is worth conducting a focus group to get ready. This article will outline how simply and inexpen- sively focus groups may be utilized.


Preparing for the Focus Group


There are two distinct types of focus


groups and counsel must decide which is better suited for his/her particular case: a “concept” (or “issue”) focus


group; or a “structured” (mock trial type) focus groups. A concept focus group is presented a series of ques- tions to spark discussion of issues in the case. Participants are gradually given tidbits of information in order to draw out their thinking about the relevant topics. The questions asked include: “What do you feel about that and why?” and, “What do you want to know next and why is that important?” Counsel will want to determine what the participants want to know and the order in which they want to know it. The focus group members will convey general impressions and specific reac-


tions to the case. Lawyer participation is limited and a facilitator actively prompts the discussion. A concept or issue focus group is usually done early in the case. Such an approach may be taken later in the process in order to research a particular issue. Concept focus groups also provide wonderful tools to help direct discovery. With a structured focus group, the


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36 Trial Reporter


plaintiff ’s and defendant’s respective sides are presented in the form of 20 to 30 minute summaries, combining opening statements and closing argu- ments for each side. Typically, the plaintiff ’s attorney presents the defen- dant’s case because the primary goal is to identify and overcome problems with the case. Another attorney may pres- ent the plaintiff ’s case and the quality of that presentation will increase the quality of the results. Themes should be tested with the structured focus group. Demonstrative evidence should be used in order to gauge its effectiveness. The structured focus group members de- liberate as jurors and a facilitator may intervene to spur on discussion and direct the group to specific issues. These groups may be used later in the case, when discovery has been completed and trial is only several months away.


Venue and Equipment Any location that may accommo-


date 12 to 15 people comfortably and without interruptions or distractions is satisfactory. In all larger cities, market- ing research companies have facilities with all the bells and whistles needed for focus groups: one-way mirrors, recording capabilities and observation areas. These facilities are more expen- sive than an office or hotel conference room, but the amenities make them


Spring 2008


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