1	The Focus Group: A Valuable Litigation Tool
2	Outline Objective Purpose Composition Presentation of Case Deliberations Debriefing Reporting Logistics
3	Objective To present the concept of “Focus Group” as a valuable, cost effective litigation “tool” for risk analysis and trial preparation.
4	Purpose The Focus Group is an inexpensive litigation tool which: encourages candidate jurors to share their inner thoughts, concerns, feelings and pre-judgments. tests trial concepts, facts, concerns, ideas and defenses. provides a concrete basis for risk analysis, trial preparation and strategy. provides a representative jury verdict regarding liability and damages.
5	Composition Focus Group members are recruited from the county of the pending lawsuit. a cross section of focus group members are selected by age, sex, race and occupation. two focus groups are used with each consisting of 8-10 members. The first focus group is used to obtain reactions to fact allegations, defenses and damages and to explore common experiences, expected behavior patterns and biases. The second focus group is used to test a “jury story,” which is formulated by using feed back from the first focus group.
6	Obtain Input The case is presented to the first focus group The first focus group is given the facts of the case in “bytes” of data and are asked questions. Focus group members are encouraged to share thoughts, feelings and relevant life experiences. Expected behavior patterns are solicited for the facts of the case. Afterwards the input data from the first focus group is used to construct a trial story to test on a second focus group.
7	Presentation of the Case The Plaintiff and Defendant(s) case is presented to the second focus group. Presentations are made by attorneys for each party. Our client’s position is presented with a trial story based on input from the first focus group. The format is a hybrid of opening statement, facts and closing argument with liberal use of visual aids. Focus group presentations are studied by interested observers in another room via video, which is also recorded.
8	Deliberations After presentations, the Focus Group deliberates. The focus group members are given a simplified jury charge and asked to assess liability and damages. The focus group deliberations are monitored and studied by interested parties. The deliberations are recorded for further study.
9	Debriefing After deliberations, the Focus Group verdict is discussed and analyzed including: the evidence supporting the verdict. strengths and weaknesses of each side. most persuasive and least persuasive evidence. what additional evidence would be helpful in reaching a verdict. identification of significant factors as to how the focus group arrived at its verdict. suggestions for improving our client’s position.
10	Reporting Interested parties have the option of monitoring the focus group presentation and deliberations in real time via monitors. A follow up written report is provided which includes: significant findings, conclusions and recommendations. the focus group profile, verdict and recommendations. a CD copy of the actual deliberations.
11	Logistics The Focus Group is performed in the county where the case is filed. Meeting rooms are rented at a local hotel. For cases in Dallas-Fort Worth or surrounding counties, our law office is used. Focus group members are recruited by a local employment agency. We have had success using employment agencies. Historically, recruited participants have had a surprising variety of occupations, age, sex and race. Each participant signs a confidentiality agreement. Each participant is compensated at a reasonable hourly rate.
12	Logistics (Cont) All necessary equipment is supplied. Overhead projector, screen, flip charts, photographs, exhibits. Video cameras, wireless transmitters, monitors and recording equipment.