This is an excellent tool for assessing juror reactions to case themes, discrete issues and evidence and witness testimony without burdening jurors with the task of forging consensus on specific verdict questions.

In-depth discussions with mock jurors enable us to identify case themes and issues that resonate with jurors and those that should be reframed or discarded. Inevitably, these research projects uncover new approaches to thinking about the witnesses and evidence that were not contemplated by the trial team.

The focus group format also enables us to introduce additional facts during the discussion that may or may not be admissible and gauge juror reactions to them.

Mock trial research can simulate the trial structure and jury deliberations in a one-day or multi-day format.

These research projects are ideal for assessing the persuasiveness of case presentations, reactions to witness testimony, and the viability of damages arguments. Analysis of the jury deliberations reveals the types of arguments and concessions jurors are likely to make as they forge consensus on specific verdict questions.

More than 25 years ago we introduced a hybrid research design to our clients. This design is a combination of focus group discussions and mock jury deliberations.

Focus group discussions allow for an in-depth examination of juror reactions to case themes while separate mock jury deliberations provide insight into the evidence and arguments jurors will rely upon to forge consensus on a verdict.

A significant advantage of the hybrid design is that the focus group discussion occurs independently from the consensus-forming dynamics of a jury deliberation. Once jurors have committed to verdict decisions in a jury deliberation setting, it is difficult for them to consider additional facts and issues that may be introduced during a subsequent focus group discussion.

Community surveys are an excellent tool for assessing perceptions of the parties in a case, examining general reactions to major case issues and generating large-scale data for developing general profiles of favorable and dangerous jurors.

Typically, these surveys involve telephone interviews or internet surveys that can be supplemented with face-to-face interviews. The key to a successful survey is the process used to select a sample of respondents who represent the demographic, economic, and social characteristics of the trial venue.