useful and convenient. The proceedings should be video taped for future reference to the
group’s discussion and reaction to the case. It is a good idea to have one of the participants or a third party operate the video equipment to assure continuity. If a video recorder is not available, even an inex- pensive tape or digital recording machine may be used.
Confidentiality It is critical that complete confidentiality is preserved. Every focus
group member should sign a confidentiality agreement to that effect. Each member should also complete a background questionnaire pro- viding demographic and other relevant information, including general feelings about lawsuits and attorneys. When it is completed, assure the members that their confidentiality will be respected.
Choosing Jury
Focus Group Members Focus group members should be chosen from the jurisdiction
where the case will be tried. At trial, jurors will possess unique local knowledge and cultural characteristics. Focus groups should mirror the expected jury and provide an advance glimpse of local biases and preconceived notions. Select focus group members who will be the least sympathetic to the case and the most suspicious of the requested relief. If a case is won before a focus group, counsel may not have assembled enough skeptical members to truly test the merits of the case. While there is no magic number, nine or so people comprise a typical
focus group. One or two may not appear and more than nine can be a bit expensive. The participants should select a foreperson to lead deliberations, but emphasize that the primary responsibility of the foreperson is to make sure that loud-mouths hush up and that silent types speak out. The easiest way to select group members is to contact a tempo-
rary employment agency. Agencies charge $50-$75 per person for a four-hour commitment. The shortcoming to using an employment agency is that the focus group members will come from the ranks of the unemployed and may be more sympathetic than the actual jury pool. Focus group members may also be solicited with advertisements in
local newspapers, flyers on campuses, churches, and grocery stores’ bulletin boards. They may also be assembled from old jury panels or members of a fund-raising committee. Keep a data bank of people who respond for use in future groups. Focus group members should be paid $15-$20 per hour for their ser-
vice. Pay them after they participate. Snacks, sandwiches and beverages will keep the members interested and undistracted by hunger. Each should be asked to commit four to five hours to the process, depending on the length of the presentations, the quality of the discussion and the number of issues being researched.
MTLA Announces the Creation of a New Section:
Disability Benefits Law Section
The Maryland Trial Lawyers Association has created a new section.
The Disability Benefits Law Section was created to help MTLA members, who represent clients that have become disabled and unable to work due to sickness or an accident, and need representation on claims for disability benefits and related matters.
The new section also will focus on social security disability, long-term disability insurance, veterans’ claims and state, federal or other disability recruitment/annuity programs. Workers’ Compensation claims are not covered in this section (MTLA has a separate Workers’ Compensation Section to cover this topic).
The new section is open to all MTLA members for an annual fee of $30. This section features a private listserv, section-only meetings and yearly Continuing Legal Education (CLE) programs.
The Disability Benefits Law Section will be hosting its first CLE program in June. An announcement will be sent as soon as the logistics are complete.
For more information about this section or any other MTLA sections, please contact Michele Linck by phone at (410) 539-4336 or by email at
michele@mdtriallwayers.com.
Spring 2008 Trial Reporter 37
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