A
focus group has many benefits, among the primary being the opinions the mock jurors
offer on the case—the strengths, weaknesses, validity of themes, etc. However, focus group jurors can only provide
opinions when asked the right questions. Too often, lawyers ask focus group
jurors to deliberate and discuss only the verdict questions. This is a woefully
inadequate use of the focus group.
Don’t
rely solely on verdict questions to elicit opinions. Develop a list of
questions that target your areas of concern. Every single one. It is far better
to develop too many targeted questions and have whoever is facilitating the
juror discussion eliminate them as necessary than to develop too few questions
and miss hearing valuable juror opinions.
If
the target questions are well designed, the juror discussion will reveal the
weaknesses in the lawyer’s presentation of the case. Too often, lawyers will
interrupt juror deliberation to respond to juror criticisms with a vigorous
“Yeah, but…” defense of their position. This response entirely undermines
the value of the focus group. Why should an attorney ask for mock juror
opinions if the result is to tell focus group members that the lawyer is right
and they are wrong?
You
will gain the most by embracing criticism, looking for its benefit, and not
trying to defend against it. Lawyers who dismiss the focus group’s criticisms
and opinions and fail to incorporate them in their trial strategy might as well
not conduct a focus group at all. Lawyers who do not mind losing the focus
group to win the trial are the lawyers who will profit most from the process.
