Spotlight On Focus Groups
Focus Groups: Why Do Them?
The focus group is a powerful research tool
often used in trial preparation. Focus groups
are typically conducted 3-4 months before
trial. They enable the trial team to identify
the strengths and weaknesses of their case, and
help in clarifying and prioritizing the themes
of the case early in the trial preparation
process.
The Format
A
focus group is a guided small-group discussion.
A moderator gives a modular, bipartisan
presentation of the case and the participants
respond to what they have heard. At a typical
focus group, 10-15 participants – who are a
representative sample of the venire – are
brought into a conference room and are seated
around a table. A moderator then leads the
group through a guided discussion that
includes:
·
An introduction to the case;
·
Case-related free association
questions;
·
A presentation of case themes and
facts;
·
Questions interspersed throughout
the presentation; and
·
Final verdict questions
The trial team observes the proceedings through
a one-way mirror, and all of the proceedings can
be videotaped and/or transcribed.
Similar to our telephone surveys, our focus
groups are noteworthy for their bi-partisan
presentation of the case: we present both sides
of the case on a theme-by-theme basis in modular
form. After each module is presented, we ask
the participants to react to what they have just
heard. For example, we ask questions such as:
- What do you think of
the idea that Mr. Jones was told by the CFO
to do this, and did not know that it was in
violation of accounting rules?
- How much does it
matter to you that Mr. Jones’ fellow
employees will testify against him? Do you
think their testimony is reliable or do you
think they’re trying to save their own
skins?
- What if I told you
that Mr. Jones had been investigated for
financial wrongdoing at his last job, but
never actually charged with anything? Would
that matter to you?
Then, after the entire
case is presented, we ask the participants to
react to the case as a whole and to vote on the
verdict questions.
A Source Of In-Depth Data
Because focus groups last three to four hours, we are able to
give a detailed presentation of the case themes
and facts and, in turn, obtain in-depth
information about the thought processes and
perceptions of likely fact finders. In fact,
focus groups often bring out aspects of the case
that would not have been predicted or
anticipated by the trial team. They also can
provide new language for talking about your
case. Participants often come up with
expressions and analogies that “ring true” to
others, and that can be very effective when used
at trial. Similarly, participants’ reactions to
explanations, demonstratives and exhibits
provide an excellent test of proposed
strategies for teaching your case to a jury.
Focus group data consist of participants’
written responses to questionnaires – which
include questions about demographics,
case-related pre-existing attitudes, reactions
to the case, and verdict(s) - and oral answers
to questions posed by the moderator. Their
responses provide us with an in-depth
understanding of how a jury is likely to process
the facts and issues of a case. By analyzing
participants’ reactions after each argument, we
are able to assess the impact of each theme
presented, as well as the relative strengths and
weaknesses of the case.
Focus groups are generally the second step in a
series of pre-trial research tools designed to
help a trial team better prepare for trial. We
will explore the third step – a mock trial – in
the future.
