Don’t Let Your Jury (Continued from page 14)
by concentrating on the process of the discussion. Consequently, the video or audio recording of the discussion will be- come all the more important to you when you evaluate later the substance of the debate.
A trial consultant may also be used as a facilitator. The expense of employing a trial consultant is moderate to significant. However, the skills they bring to the table can be enormous. Trial consultants have different strengths and backgrounds. Their professional experience may in- clude: psychology, law, medicine, theater, anthropology, political science, story tell- ing and sociology. Many lawyers inaccurately believe that a trial consult-
ant is used primarily to select a jury. On the contrary, trial consultants are experi- enced in helping attorneys understand and present evidence, create themes, se- quence evidence and tell a story. Although there is no national certification to be- come a trial consultant, the American Society of Trial Consultants is an effec- tive professional organization which educates its members to better understand the dynamics of the trial of cases and the decision-making processes of juries and judges. Even if a trial consultant is not used as a facilitator for a jury focus group, con- sider consulting with one before or after it is accomplished. For less money than it costs to set up and attend the jury focus group, a trial consultant is available to discuss your case and the focus group de-
liberations. You may want the consultant to review the audio or video recording.
Financial Expense
As can be seen in this article, the cost of conducting a jury focus group really can be low. A hotel conference room may cost $75 to $125. An attorney can do his or her own focus group selection in- expensively by advertising or by flyers. Even if an employment agency is used, the cost is not great. Food and beverages are $20 - $25 if you purchase them your- self. Most attorneys already own a video camera and an audio recorder. If you aren’t comfortable facilitating the group yourself, hire an experienced attorney or facilitator at an expense of approximately $1,500. It doesn’t take long to learn how to do it yourself. The experience is most satisfying. Focus group research is not just for
preparing the significant case. It is equally important to conduct focus groups in cases with less serious injuries. Combine cases involving similar issues and present them to a focus group as if they are one case. The costs can be shared among sev- eral files and the insights can be applied to future, similar cases as well. Focus groups will give you great understanding of recurrent land mines such as: soft tis- sue injuries or herniated disks; minor property damage; previous and subse- quent conditions or injuries; the absence of a police investigation; gaps in treat- ment; over treatment; lengthy periods of physical therapy; chiropractic care; fail- ure to return to the doctor or get recommended treatment; lost wages; col- lateral sources; and loss of consortium claims. You will be amazed at the quality of the information generated by these groups to assist in the research and prepa- ration of your cases.
Conclusion The value of jury focus groups in your
case research is extraordinary. It can be done inexpensively and it will always be thought-provoking. The value of a jury focus group is so significant that no jury trial, no matter how big or how small, ought to be tried unless a focus group is conducted first. Your goal is to know in advance of trial the answer to the ques- tion, “How in the world could that jury have come to that conclusion?” Our cli- ents deserve that much from us.
16
Trial Reporter
Fall 2005
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