Sean: “Malpractice if you are not doing focus groups in all your cases.”
We do not think like people; we think like lawyers. Lawyers do not get a vote.
Why we do Focus Groups?
You will learn things you never knew.
Show video clips
1. Clip from Focus Group on John Hollis case (witness found by focus group member never seen before).
2. Clip from Steven Feinberg Case – “Booger Sugar.”
3. Clip from Kevin Richardson case.
Probably add one more.
You will get your discovery mapped out for you.
YOU WANT TO LOSE THE FOCUS GROUP, NOT WIN! (GEORDAN EXAMPLE),
Get all possible negative attribution.
Different Types of Focus Groups
Narrative Focus Group (most popular).
Issue Focus Group.
Opening and Jury Selection’
Anyone can do a Focus Group
Stop Talking.
Learn how to listen.
Stop being a lawyer.
Don’t insert yourself.
Structure of Focus Groups
8 people: Different ages, genders, ethnicities, political affiliations.
1-2 hours per case.
Don’t tell them it’s your case…be someone else.
Provide food, drinks, snacks.
Film it, have someone take notes.
Be in a room that can show visuals, clips, recordings, etc.
Provide paper, pen and pencil, and notepad (Super Important)!
Hour 2
Introduction
Introduce yourself as someone neutral.
Tell them it’s confidential.
Tell them to be respectful to everyone including you.
Tell them to be brutally honest.
Use the right language
Don’t alienate people thru your language.
Don’t say “that’s a good point.”
Provide more examples.
The Neutral Statement
Put in all the evidence and information you expect to come into trial.
Use Bullet Points.
Use Fake names.
Keep it neutral or slightly bias against you.
Give them all the bad facts…every single one.
Read your statement.
Show your visuals and Evidence.
Focus Group in 5 words
“What happened?” (or “what is this case about?”).
“Why?”
“Thank you.”
Don’t give your opinion.
Talk as little as possible.
Ask every single member.
LISTEN!
Watch for hands and other comments.
Squeeze that lemon dry.
Get Emotional Scale
What is it?
Why do we do it? Goal?
“On a scale of 1 to 10, with 1 being you don’t care at all, and 10 being this is a really big deal and something needs to be done ASAP to prevent this from happening again, how important is this case to you?”
Ask everyone.
Fault – Liability Percentage
Who’s at fault for this?
Have them write it down in their notepads before discussing.
Explain percentage of fault: they can blame whoever they want, but percentages must add up to 100%.
After everyone writes down liability percentages, ask them what their percentages are, and why.
Don’t argue with them or try to change their minds.
Damages
Notebooks again. Write it down.
We don’t care what they say, we care about why they say it. How they get there is the key.
How much is this case worth?
“If you’re on the jury, are you making QT paying for Jorge’s past medical bills?”
Future medical bills? Pain and suffering? How much?
Why? Why? Why? Don’t forget to ask why?
Punitive Damages
Optional.
Save for punitive cases.
Explain what they are.
“If you are on the jury, are you making QT pay punitive damages?” If so, how much?
