Don’t Let Your Jury (Continued from page 10)
ments (referred to as “clopenings”) for the parties in the case. Each presentation lasts for 20 to 30 minutes. Brief instructions of law are read and the group is given a special verdict sheet to complete. The focus group then deliberates as if it were a real jury. The facilitator does not par- ticipate unless it is necessary to stimulate discussion if the deliberations bog down or to assure that all important issues in the case are debated. There are regularly utilized variations to these two basic approaches. Instead of presenting opposing views by two adver- saries, one attorney may give a full presentation to the group of all of the criti- cal facts in the case in a completely neutral fashion. Undisputed evidence is detailed and that which is in dispute is explained in a completely objective fashion. Another format gathers 16 to 24 mem- bers in one room to hear the presentations by the attorneys. They are then separated into two different rooms and each group deliberates independently from the other. This establishes some validity to similar conclusions that each group makes. It also means that two different focus groups can be studied in an efficient and less expen- sive fashion than if they were conducted
on two, separate days. Such a process, though, is a challenge to the facilitator and requires constant attention between the two groups to make sure both are on the right path. It is not always necessary to present
every aspect of a case to a focus group. Some focus groups gather for short peri- ods to address limited issues. If a single issue is completely determinative of a case, consideration should be given to having several, different focus groups gather at separate times during the day or on sepa- rate days, to discuss just the one issue. This underscores how valuable is the in- put from many, different people to the same issues. It is also a method to exam- ine the relative strength of a potential case which you have not yet decided to accept.
Selecting Focus Group Members
Juror consultants and marketing ana- lysts say that the most scientific method of selecting focus group members is to call randomly 1,000 people and select 8 to 12 people who best make up the demo- graphic information chosen. However, this is overly burdensome, very expensive and totally unnecessary when selecting jury focus group members to do case-fac- tual research. Focus group members who will provide the most helpful information
are those who are precisely the people you would not want on your jury. Select pri- marily those who are most critical and distrustful of the civil justice system. They will be most valuable to you when they answer your question, “What do you want to know and why do you feel that is im- portant?”
“Ajury consists of twelve persons chosen to decide
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who has the better lawyer.” —Robert Frost
As a rule, select group members from the jurisdiction in which the jury pool will be chosen. Seek 8 to 12 people to attend. Often, one or two of them do not arrive. The more opinions and reactions you have, the better your research will be. Too many attending, though, will encourage more people to resist sharing their feel- ings and a large group can be unwieldy. It is important that the facilitator prompt every person to participate in the discus- sions. You will always find some members who are more willing to debate than oth- ers. This is also true in the jury room. Methods of soliciting focus group members are easy and inexpensive. News- paper advertisements and flyers generate good responses. Notices posted on com- munity bulletin boards or placed in supermarkets, churches, colleges, inde- pendent living facilities and court houses, are effective. Some courts will permit ac- cess to panels of former jurors. Befriend a church secretary or development direc- tor of some institution who can identify the type of focus group members you seek. Pay them $12 to $17 an hour for their service; of course after they participate. The easiest and quickest method of selecting group members is to contact a temporary employment agency. You can select the group members you desire by using multiple, demographic criteria which you choose. Most agencies charge between $50 and $75 per person selected for a four-hour commitment. Keep a data bank of focus group mem-
bers. Use them again if they provide valuable insights. Many people are sur- prised to discover that the experience of serving as a focus group member is quite satisfying.
Confidentiality
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Although the attorneys involved ought not to divulge which party they represent, focus group members must still be told that the case they are about to hear is a real case pending in that jurisdiction. Complete confidentiality must be pre- served. If is critical to emphasize that they must never discuss the case with anyone at any time. A confidentiality agreement must be signed and the written pledges
12 Trial Reporter
(Continued on page 14) Fall 2005
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