Don’t Let Your Jury Be Your First Focus Group by Augustus F. Brown
Augustus F. Brown, a principal in Brown, Brown & Young since 1985, is a graduate of Villanova University in 1971 and a Magna Cum Laude graduate from the University of Baltimore School of Law in 1974. Mr. Brown practices in Federal and State Courts and focuses in
the fields of Auto Injury, Defective Products, Highway Construction Crashes, Workers’ Compensation, and Criminal Defense. He frequently facilitates Jury Selection Focus Groups on Medical Malpractice, Negligence and Auto Liability Case Issues. Mr. Brown is a frequent speaker, presenter, moderator and teacher for the Maryland Trial Lawyers Association (MTLA), Association of Trial Lawyers of America (ATLA) and Maryland Institute for Continuing Professional Education of Lawyers, Inc. Augustus Brown is a former President and Board Member of MTLA and former President and Board Member of the Harford County Bar Association, and is currently Chairman of the Board of Trustees of the John Carroll School.
How many times have we walked out of court after a jury trial and incredulously asked the question, “How in the world could that jury have come to that conclu- sion?” We insist that the evidence we produced and the manner in which we presented it was logical, was clear and was compelling - to us, anyway. We lament: “What in the world have juries come to? How can they react this way to our cases? Even a lifetime of hearing tort reform rhetoric cannot make them stop think- ing completely!” Alas, there is an underutilized tech- nique that successfully helps identify what jurors think. It is the best technique that you can use to win a jury trial. To re- search how a jury in the box may feel about your case, in advance of your case, ask a jury in a focus group.
It truly pro-
duces an immense amount of information to help you prepare your trial and present your case - and you can accomplish it in- expensively.
A Lawyer’s Attitude to Focus Groups Before you can benefit from a jury fo-
cus group, you must embrace two critical character traits. First, you must be able to listen. Most lawyers find this a real chal- lenge and cannot restrain themselves to do so. When a focus group member makes a seemingly incongruent comment during a discussion of a case, many attor- neys want to stand up and yell, “No, no, no! I plainly explained the facts. Why don’t you get it?” There is a real reason why the focus group member does not “get it.” If you listen intently to the focus group discussion, you will have a much better chance of understanding that rea- son. When focus group members talk about your case, they are showing you something important. They will identify land mines and safety nets. Listen well to them. Either you or your message is the reason that they don’t agree with you. A focus group will tell you what you are
communicating. If you don’t listen, you are the one who doesn’t “get it.” The second character trait that you must appreciate is patience.
Be patient
with the process and be patient with the discussion. The conclusions that the jury focus group reach, will NOT be predic- tive of the outcome of your case. It will not tell you whether you are going to win or lose. The votes are never unanimous and they come after a general presenta- tion of evidence. They are not a result of considered deliberation after evaluating every witness and every piece of documen- tary evidence produced at trial. The absence of predictability is particularly true with respect to damages. Focus group members feel as if they are dealing with play money, not real dollars out of someone’s pocket. But if you remain pa- tient, you will experience eye-opening data of some fabulous, case specific re- search that can help you mold later, the product you are selling. A good trial lawyer observes and lis- tens to a jury focus group with eyes and ears wide open and mouth shut, and must exercise every right-brain impulse which can be mustered.
Indeed, it is a misno-
mer to call this process a “jury focus group.”
Rather, the process should be
referred to as “jury case research” and the group more appropriately should be titled “lawyer focus groups.” What really oc- curs is that the lawyer is focusing on the group and the group is conducting re- search into your case.
What to Expect From Focus Groups
Regardless of the format of your pre- sentation and the composition of the focus groups, there are many goals which can be achieved. One of the most impor- tant is to identify all of the negative evidence and damaging reactions that a jury may have to the facts, issues and per- sonalities in your case. Strong reactions,
8 Trial Reporter
(Continued on page 10) Fall 2005
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52