- Roundtable Discussion Groups (9 – 18 jurors)
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We conduct two exploratory focus groups with a random sample of jury-eligible area residents with 9 - 18 jurors in each group. These sessions are videotaped to assist in data-collection. These groups are exploratory in nature and should be used as the preliminary research step.
For these exercises, randomly sampled participants from the venue listen to argumentative summaries of each side’s case presented by a member of our research team. Then the Best Evidence moderator conducts an extended guided discussion to probe issues of interest or concern, as well as juror attitudes towards the main issues in the case and the individual parties. These exercises give the legal team an understanding of potential awards in the case, as well as which themes are most effective (or ineffective). Equally important is the identification of any weakness in the story, so an appropriate, persuasive alternative can be developed.
- Focus Group Panels (24 – 72 jurors)
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We conduct a series of two, four-hour focus groups with a random sample of jury-eligible area residents. We suggest conducting one morning session and one evening session on the same day. Both sessions are videotaped to assist in data-collection.
Our focus groups are really mini-mock trials and are typically used prior to mediation, although they are appropriate in other stages of litigation as well. For each group, randomly sampled participants from the venue listen to 30-45 minute argumentative summaries of each side’s case presented by members of the trial team. Each participant then fills out an individual questionnaire before the group deliberates to verdict. A Best Evidence moderator then conducts a guided discussion to probe any issues of interest or concern with the group. After the first session, changes and additions can be made to the schedule to test any new issues that emerge from these discussions. In both sessions, each participant completes an individual form and determines an appropriate award (if any). These juries, in two focus groups, give the legal team a more specific understanding of potential awards in the case, as well as which arguments are most effective (or ineffective). Like the Roundtables, these groups also identify weaknesses in the story, so an appropriate, persuasive alternative can be developed.
- Mock Jury Trials (12 – 36 jurors)
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The purpose of the Mock Jury trial is to submit the case story for testing and refinement under “live” conditions with a well-informed jury panel, and to assimilate the results into a coherent and persuasive story that will resonate with jurors. These groups explore the effectiveness of individual arguments and visual aids, breaking each down into specific components of style and content in light of the case facts. Key witnesses can testify (live or via video) in order to assess the quality and impact of their testimony. Special attention is given to trial demeanor and counsel’s tactics.
After a brief introduction by our moderator, the legal team is given four to six hours to present both sides of the case. Following the presentations, each participant completes an individual decision inventory to determine their level of support, including damages, for both sides of the case. Next, the participants are be broken-up into deliberation groups, where they are asked to render a group decision based on the presentations.
A final report compiling quantitative and qualitative data from all of the participants will provide numerous and specific recommendations to refine facts, arguments, testimony, and visual evidence for optimal effectiveness, as well as discussing trial relevant tactics. Our report also provides a clearer understanding of the attitudes and opinions of targeted jury groups that may become potential jurors.
- Shadow Jury (4-8 Participants)
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During trial, subtle modifications to the presentation can have an enormous impact on outcomes, but the changes must be made in response to timely and relevant information. Best Evidence provides nationwide recruitment, placement, and monitoring/analysis of shadow juries in the courtroom to observe trial proceedings and provide twice-daily feedback to the trial team. Shadow jurors are selected to match the selected jury as closely as possible in terms of demographic and experiential characteristics. Juror-validated feedback allows the team to assess the progress of the case from a more relevant perspective in order to make more timely and informed decisions about settlement and strategy during the course of trial.
For high-exposure cases, this service provides unparalleled value by identifying and making available real-time feedback to the team on effectiveness of witnesses, arguments, and overall case strategy.
During the lunch break and at the conclusion of each court day, we debrief shadow jurors individually and in a group setting to measure the strengths and weaknesses of the presentations and witness performance as the trial progresses. This ongoing feedback is immediately made available to the trial team. This enables the trial team to strengthen arguments and themes already resonating with jurors as well as addressing weaknesses and clearing up confusing issues as they emerge