As a lawyer representing an injured client in litigation, you’ve poured countless hours into discovery, depositions, and strategy, meticulously building your client’s narrative. Despite this, a fundamental question often lingers: How will a jury truly perceive this case? This is the multi-million-dollar unknown, the variable that can make or break everything – and it’s not just about evidence. Perception and bias are some of the biggest difference-makers in trials. That ineffable human element can easily shatter multi-million dollar cases, ruining the result you are working so hard to achieve for your client. Luckily, there’s help beyond gut feelings. This is where the legal focus group enters the equation: a powerful, yet underused, instrument in the trial lawyer’s toolbox.
Setting up and executing a truly effective focus group demands significant investment, specialized knowledge, and a commitment to facing uncomfortable truths. In this first installment in our Trial Lawyers Toolbox series, we’re going to walk you through everything you need to know about mock trial jury focus groups for lawyers and how we can help.
The Trial Lawyers Toolbox: Why You Should Use a Legal Focus Group
At Schneider Williamson, we have ample experience navigating the labyrinthine world of focus groups, transforming uncertainty into actionable insights. Here’s how we go above and beyond to secure the best outcomes for clients with legal tools like focus groups and, ultimately, why other attorneys just like you trust us with their referrals.
“The most powerful question in the world in any field is why, and focus groups are really good at helping to answer the question of why we are doing what we are doing,” said Campbell Williamson, Co-Founder & Partner at Schneider Williamson. “Because if you’re coming up on a jury trial, then obviously the case is not settled, so why has it not settled? You’ll have a certain view of the evidence and issues in the case and what that all means, and the defense has a different view of that. Otherwise, the case would have settled. A focus group can really help you figure out that unknown that is standing in the way.”
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What is a Legal Focus Group?
A legal focus group is a research and trial preparation method used in litigation to collect feedback from a group of individuals, similar to potential jurors, to assess how they might react to different aspects of a case.
“Broadly speaking, a focus group is a tool that litigators, trial lawyers, can use to aid in the preparation for a jury trial,” said Williamson, “but they can be used for a lot of things, even for just learning out about the case itself.”
When choosing a focus group for trial preparation, it’s essential for lawyers to understand that there are several types of focus groups.
“We’ve done them several different ways,” added Jason Schneider, “because there are a lot of different ways you can do it. You can just have a Zoom call, or you can do it in person at a location where they have the focus group in a room with a 2-way mirror so that you and your client can witness the deliberations. You can do them for value, like a mock trial focus group, where everybody puts on evidence, and you let the jury deliberate, or you could just do it by asking the jurors questions about specific issues in the case.”
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What Are the Three Types of Legal Focus Groups?
One aspect of using litigation focus groups that both Williamson and Schneider emphasize is that there are basically three different types of litigation focus groups: one for trial, one for jury perception, and one for value.
“I don’t know if there’s really a label for them, but there are three basic types of legal focus groups,” said Williamson. “You could do a mock trial focus group that is intended to identify specific issues in the case, you could do a mock jury focus group that helps you get an idea of what a jury will think about the issue, and then you could do a third focus group that doesn’t focus so much on the issues or evidence and is more about getting feedback on what a focus group thinks is the value of your case,” he explained.
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What is a Mock Jury Focus Group?
A mock jury focus group is a type of focus group that trial lawyers use to replicate trial conditions and get feedback from individuals similar to those who would serve on the jury of a case. This helps forecast what the perception and opinion will be, providing actionable insight into how all facts, components, and individuals involved work together and will be received to refine courtroom strategies.
“When the facts don’t work together, it’s like fractured bones rubbing against each other,” said Williamson, “and that’s what a focus group will help remedy.”
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What Does a Legal Focus Group Do?
A legal focus group provides feedback on issues and questions you present to them. Focus groups will provide both verbal and written feedback to use when preparing for trial.
“The company that facilitates the focus group will select individuals to participate based on pre-determined criteria,” said Schneider. “ We’ll be behind the glass. The focus group listens to your presentation and gives their opinion, verdict, and feedback.”
Lawyers can use focus groups to gain actionable insight into how their case, client, and witnesses will be perceived to adjust and fine-tune their strategy and ensure they secure the best possible outcome for clients.
Part of the value a legal focus group offers trial lawyers, Williamson said, is just providing a different perspective.
“By the time we do a focus group, we’ve been working on that case for a couple of years,” said Williamson, “and we know it inside and out – we know it intimately. Jurors and a focus group have never seen the case before. All they know is what they will learn in a few hours that day, so it’s a completely different perspective, a fresh set of eyes that will help you find disconnects and issues you were overlooking.”
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What is the Purpose of a Focus Group for Lawyers?
While there are several kinds of focus groups, generally speaking, the purpose of legal focus groups is to get actionable feedback, but this can vary depending on the type of focus group and what feedback you are trying to get.
“It really depends on the type of focus group that you’re conducting,” said Williamson, “so sometimes, folks will just have a mock jury trial, and it’s literally to kind of work through the presentation of the case and get a feel for it. Other times, you can have a focus group that’s just focused on specific issues and ask for their feedback on those specific issues.”
Williamson said that focus groups for lawyers can also be a great tool to get feedback on the value of the case itself.
“That’s an often overlooked use case for this legal tool,” said Campbell, “because you can present all the evidence of the case to them and say, ‘ the parties to this matter agree that these are the issues in the case and this is what the evidence shows. Understanding that, how do you guys value this, and what are the reasons you have come up with your particular value?”
Ultimately, though, the purpose of a legal focus group is to minimize risk by learning how the jury is going to react to all the different elements of your case through candid feedback.
“You want to know how a jury is going to like a witness, how they’re going to react to your client, or how invested or concerned they’re going to be with certain issues,” said Schneider, “because the unknown is the trial lawyer’s nightmare, like when jurors get hung up on something you didn’t even think of that turns out to be important to jurors, so it eliminates some of that risk. People ask us all the time when they learn about this tool, Why are focus groups effective? Minimizing risk is a big part of it.”
Schneider said that a great example of using a jury focus group for mock trials to minimize risk is deciding to settle instead of going to trial.
“It absolutely happens where you do the focus group and then realize settling might be the best option for your client,” said Schneider. “We like to think that we’re not biased, but we obviously are, and sometimes we have doubts, but generally, we think we can succeed because of our skill and talent, and we think there are things we think we’re going to overcome that we probably can’t. Because facts are stubborn things. So it’s very helpful for us, too, in that sense – helpful, and maybe a little humbling,” he joked.
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What is the Normal Group Size for a Legal Focus Group?
As for the normal size of a legal focus group, Schneider said it’s important that it resembles a jury.
“You want to mirror the jury, ” said Schneider. “Most juries in Georgia are 12 persons, so you want at least 10, but try to get 12 because that’s what you’d have when you tried the case. You could do it with less, obviously, but it might not be as effective,” he elaborated.
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How Much Does a Paid Legal Focus Group Cost?
When you introduce this tool, it’s important to keep in mind that you need to use a paid mock jury focus group. Schneider was able to provide some insight into what it could cost and the different variables that influence the cost.
“The virtual focus groups will probably run you between $1,500 and $2,500,” said Schneider, “and the in-person ones are at least $7,000, but probably more than that because you have to hire a person to run it along with other things. It’s probably three to four times more expensive to do it, so maybe closer to $10,000 when it’s all said and done.”
Still, both Schneider and Williamson recognized that it is difficult to pin down an exact amount because the cost of a legal focus group depends wholly on your situation and what kind of focus group you choose to use.
“You can do it through Zoom,” said Schneider, “which can be a less expensive option, where it’s all done online and people just listen to your presentation and comment. There are also more expensive ways to do it, which is better if the case justifies the expense. There are companies that provide this service. They’ll ask the lawyers what the criteria of your case is and where it’s going to be taking place, and they’ll go to get people from that county who are eligible to serve on a jury and have these characteristics.”
While there are ways to save money, Schneider and Williamson were in agreement that it’s well worth the investment.
“If you want to save a little money, you could just run it yourself,” said Schneider, “but on the other hand, the moderators who you can hire add value and have some very helpful insight and materials such as questionnaires that the jurors fill out and tell you things they may not want to say out loud.”
When Are Legal Focus Groups Worth It?
As for when it’s worth it to use a legal focus group, Schneider said they are valuable in more and more situations.
“I’m coming to the view that any case other than a small, simple auto case would benefit greatly from this,” said Schneider. “At our firm, we believe that any case that is of any seriousness deserves a focus group. I know the assumption is that the cost could be prohibitive in some ways for lawyers, but any case that’s worth six figures or more needs a focus group.”
As for when a legal focus group is best to introduce into the process, Williamson said that it’s best to use one after initiating litigation.
“This is a tool that’s best used after a lawsuit is filed,” explained Williamson, “so when you are already in litigation. 95% of focus groups are going to happen at the end of the litigation process, but before a trial. That’s the sweet spot for these things.”
Schneider said that this timing comes with its own advantages that, ultimately, make it the most opportune time for conducting a focus group.
“The major benefit of doing a legal focus group when you are ready for trial is that you have all the evidence,” said Schneider, “and you certainly can’t expect to get value out of a focus group where you don’t have all the evidence.”
Why Are Legal Focus Groups Worth It?
Now, when it comes to why mock trial jury focus groups are worth it, Williamson offered some important insights.
“People use mock trial services to present their cases in front of a mock jury because you need to learn everything about what people are thinking about your entire case and not just the evidence,” explained Williamson, “and it really helps you at every level, from trial prep for paralegals all the way to presenting your case in court.”
Schneider said that it can also help in weeding out biases during the jury selection process.
“There’s some value in helping you select a better jury, too,” said Schneider, “because it’s really useful to have information directly from potential jurors about their biases and perspectives and things that you could use when you’re doing real jury selection to ensure the jury has as much objectivity as possible.”
How Do You Set Up a Legal Focus Group?
When it comes to how to set up a legal focus group, Campbell said it depends on the type of focus group you’re doing.
“The first thing you want to figure out is what you’re trying to do,” said Williamson, “so you need to know why you’re doing it. What’s the whole point of it? What do you want to learn from the focus group? What are you trying to accomplish? Then, you decide what type of focus group you want to use. Do you want to do it yourself and just use a small, inexpensive service that sets it up on Zoom, or do you want to select one of those actual focus group companies that do all the recruiting and have the facility and bring in the food for the participants? That’s an important decision.”
Afterward, you have to prepare for the focus group.
“Then, you’re going to figure out what your approach is and create materials for it,” continued Williamson, “which means you’re going to create a presentation that conveys your argument and information as best as possible. Sometimes, if you’re concerned about how the jury might receive certain aspects of your case, then you can also put a little bit of a defense spin on it and make arguments that the defense would make to see if there were any issues we need to figure out.”
Regarding the logistics of the focus group and scheduling, Williamson noted that it’s not difficult, and collaborating with a company and moderator is a great way to streamline and facilitate the process.
Schneider noted that some of the preparation you will have to do includes tasks such as videotaping witness interviews. He said to think about it like a “truncated version of trial prep,” and he emphasized it’s important to understand this is a real investment.
“Being able to make sure everything is done right and you can manage all the moving parts is why you hire a consultant or moderator,” explained Schneider, “because you’ve got other things on your mind. Plus, you’re really spending time and money on this. It’s garbage in, garbage out. The results are only valid if your presentation is good. It’s really important to replicate certain courtroom conditions and give yourself the ability to focus on the case – it’s just like a trial. You want a paralegal or somebody to be helping you because you’re focused on the case and can’t be worrying about where the next witness you’re examining is. I’ve been in that situation where I’m barely listening to what the witness is saying because I’m worried if the next witness is in the back. So it helps in that sense, too.”
Williamson, who was heavily involved in setting up the last focus group, noted that it took more than 50 hours in total to prepare. He also offered some keen advice to help other attorneys.
“Something I’ve kind of developed my own opinion on is that the most productive focus group is one that focuses on certain issues,” said Williamson, “like what the jury will think about a specific set of facts or a claim a client is making. Like, if something seems viable but you’re still not sure, this is a great way to determine what a jury would think about that.”
Schneider said that it is also a great opportunity to include your client for some transparency, which builds trust. “A client can come, which is great,” said Schneider, “because it’s an unfiltered way to receive information about their case directly that’s not being filtered through a lawyer or anyone else. They’re hearing what the mock jurors are saying about their case directly from them.”
Schneider said it can also help with having some tough conversations, helping them understand what to expect from the trial, and ensuring they have the right mindset.
“It also helps just drive certain points home to put your client in the best position that maybe they don’t want to hear,” said Schneider. “For example, maybe you think the jury won’t like your client, but how do you tell a client that? How do you tell someone that? Well, if the client’s sitting there and hears eight or ten people saying they don’t really like her, it’s not just an opinion or a theory at that point. It gives them a lot of perspective.”
Williamson added that they recently secured a sizable settlement for a client, utilizing a focus group to help moderate her expectations.
“We actually had a pretty reasonable settlement offer on the table,” said Williamson, “and we knew we could get a little more, but we were concerned our client would have expectations that were too high. The focus group went really well for our client – they liked her case and the claims she was making. So, as the focus group was getting ready to wrap up, I was concerned she was going to be bolstered and dig her heels in, but lo and behold, when we asked them what they thought the value of the case was, they basically said the value wasn’t too far beyond where we thought the case would settle. So the nuance of that is they really liked her case, but they didn’t put the dollars on it that she was looking for, and for the client to see that was really helpful.”
What Are Common Myths or Misconceptions About Legal Focus Groups?
One misconception about litigation focus groups that both Williamson and Schneider mentioned is that they are not effective at determining value. Williamson said that it’s all about taking the right strategy and approach.
“Sometimes, we’ll do a legal focus group and tell them that the parties have agreed to an alternative form of dispute resolution,” said Williamson, “and we’ll explain that they will hear from attorneys for both sides, and they will present the information that’s important in the case, and then they will make a decision. It’s kind of like a mock trial focus group.”
Schneider said it is a great way to improve how much the focus group can help with determining the value of a case. “We think they might be better with value if they’re done the way Campbell just described,” added Schneider. “Where they buy in, and they believe that they’re given the responsibility to decide the case. The reality is that if you don’t do that, they can be flippant about things because they’re not actually awarding money.”
Schneider also dispelled another myth that attorneys should consider. One thing that I learned is you may want to share some of the results from the focus group with the defense,” said Schneider. “ It’s easy to get in the habit of patting yourself on the back when you get the information and things ostensibly bode well for you. But sometimes, you want to share what you got out of the focus group with the defense if you’re trying to convince them to settle. This, of course, is why you want to invest sufficient time, effort, and, ultimately, capital into this tool – if the defense, or anyone for that matter, sees that it was a totally one-sided focus group, it invalidates the results.”
Partner with Schneider Williamson. Enjoy the Advantage of a Legal Focus Group and Every Instrument in Our Legal Toolbox.
You deserve a partner who can expertly navigate the litigation process and unlock the true potential of your client’s case. Legal focus groups are a strategic imperative for winning high-stakes personal injury cases. They strip away assumptions and deliver the unvarnished truth about how a jury may perceive your case. At Schneider Williamson, we’ve mastered the intricate art of the legal focus group. We transform uncertainty into actionable insights, consistently delivering top-tier results. Contact us to learn how we can help you and your clients with our entire legal toolbox when you refer personal injury clients to Schneider Williamson. We will ensure that your client gets the compensation they deserve to reach a place of healing, closure, and normalcy.
