Conducted early in, or prior to the discovery phase, we give counsel a timely opportunity to explore the ways jurors will understand the broad outlines of the case.
Conducted early in, or prior to the discovery phase, we give counsel a timely opportunity to explore the ways jurors will understand the broad outlines of the case. We assess key strengths and weaknesses in a way that is specifically designed to inform fact and expert witness selection, deposition and report planning, and to more broadly address the juror questions that discovery needs to answer. Focus group research involves presenting case facts and party positions in a sequential fashion, interspersed with time for questionnaires and interviews. It will also test the case themes and central messages, as well as guide the remainder of discovery. This style of research can involve either attorney presentations or summaries provided by a facilitator. Conducting a focus group before the close of fact or expert discovery helps the trial team emphasize an approach to developing themes and evidence, creating the witness list, refining areas of testimony, and highlighting successful arguments that are grounded in jurors' ways of viewing your case. Looking at all relevant areas of content for fact and expert witnesses, we review the focus group findings in order to create a specific bulleted list of every claim that jurors will likely need to hear from witnesses. This framework can be used to guide discovery strategy. In addition, we work with the trial team to translate these observed needs into outlines for taking depositions, as well as materials to aid in defending depositions.