cess. Rather, the process will aid counsel in identifying peaks and valleys in the case. Focus group participants will reveal trends, but will not forecast the outcome. Focus groups play with Monopoly money. Real jurors do not. Nevertheless, the focus group will stimulate discussion and sharpen counsel’s evaluation of the case. Counsel will invariably discover that additional information will be needed to complete the plaintiff ’s story. The more the focus group reveals about the case, the more likely the focus group in the real jury box will be persuaded by that story.
Conclusion There is no magic formula in gathering competent people
together to reflect, research, and discuss a case. However a focus group is assembled, the depth of insight and ap- preciation for the details of a case may best be provided them. Use them. Embrace them. They inevitably will lead to improved results at trial. n
About the Author
Augustus F. Brown, former President of MTLA (1993-94), concentrates in representing injured plaintiffs and felony defendants throughout the northeast region of Maryland. Named a Fellow to the American College of Trial Lawyers in 1999, Mr. Brown is a former board member to AAJ. He travels regularly nationwide as a faculty member conduct- ing focus groups and workshops for AAJ. Frequently he conducts them for his own cases and is retained regularly by other lawyers to facilitate jury focus groups in Maryland. Mr. Brown is a third generation trial attorney and a man- aging director of the law firm of Brown, Brown & Young, founded in 1901 by his Grandfather, A. Freeborn Brown.
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Spring 2008
Trial Reporter
39
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