Focus Groups
We rely on focus groups to gauge juror reaction to key testimony, witnesses, documents and visual presentations, as well as specific arguments. We facilitate the selection of representative jurors from the local community using experienced recruiting firms, who are trained in gathering jurors without influencing their thought processes. A focus group can be moderated by a jury consultant, leaving the trial team to observe the process
as desired or the trial team can actively participate.
The results of Focus Group research is used to develop and define case theory and strategy, trial themes, demonstrative and other visual presentations, as well as witness preparation and cross-examination strategies for trial. The process of going through a focus group also has the added benefit of focusing the trial team on the case so that earlier preparation is absolutely necessary before trial.
Deliberation Groups
A deliberation group, while similar to the focus group, allows us to preview juror reaction to an adversarial presentation of the case, with key testimony, evidence, and argument summarized by counsel in an “argumentative” setting. Usually, the attorneys present an “opening with argument,” as well as key witness testimony for the jurors’ consideration.
The jurors’ reactions are gauged by responses to written questionnaires, and an opportunity to “listen in” to the jurors’ deliberations. Jurors are provided key instructions in the law, verdict forms and other instructions to assist them in deliberating to a verdict. Most often, several different groups of jurors are used in an attempt to refine case theory and presentation, themes, and trial strategy. The result of this work provides invaluable insight into the juror deliberation process.
It is simply amazing what jurors think is important that may never have “dawned” on the trial team before going through this process.
Mock Trials
With the TAMS facility, we are able to simulate an actual trial setting. A simulated trial is undertaken which tests opening statements, key witness testimony, closing arguments, visual exhibits, jury instructions and deliberations. The results of a mock trial can be used to refine jury selection strategy, and to make decisions about how to present the case and exhibits most effectively at trial. The process also serves to better prepare the trial team for trial, as well as witnesses.
Witness Preparation
It is essential that witnesses are prepared for what can be an intimidating or uncomfortable setting in trial or deposition. We provide facilities in a trial setting that can put witnesses at ease to make them much better communicators. We focus on how jurors will perceive the testimony and demeanor of each witness, using a variety of techniques to assist in overcoming anxiety, learning to communicate effectively, and to eliminate distracting nonverbal behavior or mannerisms.
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