FOCUS GROUPS BOOK

presenIng a strong defense point in opposiIon to a plainIff supporIve focus group
opinion. Lastly, when presented with this opposing point, watch and listen. Do the
parIcipants dig their heels in further and become more adamant about their support, or
do they begin to crack. This will show you which points can shake your foundaIonal
support, and also how strongly the parIcipants were with you in the first place.
8. De-brief and prac6ce interpre6ng right when the focus group ends: If the end game is
to idenIfy paPerns, perceive what the focus group just told you and to use that in
propelling your case forward, the de-brief aNer the focus group has ended is where you
are going to do that. Remember the major truth that if you want to know why someone
made the decision they made, the last thing you should do is ask them. Most of us have
no idea why we do, say or believe the things we believe. Why your focus group
parIcipants leaned the ways they did, will be uncovered through matching up their
responses in the voir dire porIon of the focus group with responses sprinkled
throughout all of the presentaIons. SiZng at the end of the focus group and
synthesizing this data and working towards understanding it is the only way you will later
be able to couple those paPerns and insIncIvely idenIfy the good and bad jurors for
you when you make it to trial.
9. Do your focus group memo within 48 hours. If we always are looking at the end game of
focus groups being deciphering the best way to present your case to the best possible
jury, if you are not tracking and geZng down on paper what they are saying, it is
worthless. A sample focus group memo is included in the Appendix 1.
10. Track paYerns and save par6cipant demographics. It can be simple, or elaborate, but
whatever it is, be sure to save the parIcipant informaIon for each focus group so when
you have done several or hopefully dozens of focus groups at the Ime of trial, you can
idenIfy the jurors that will be favorable, and those that will not be, for your case.
Before diving into the specific types of focus groups we can be running on our cases, please
remember one last thing: have fun and be yourself! A lot of things in this profession are
stressful. There is a reason that suicide rates, drug use and alcohol use are elevated in the legal
profession. It is hard. We are literally holding up the lives and livelihoods of people that have
been abused, wronged and taken advantage of in our hands. There are Imes when these things
are literally hanging on the balance: with a witness on the stand, during an opening statement,
during a key deposiIon. Focus groups are not that Ime. If you mess up? Do it again! If you say
the wrong thing? Do it again? If your technology fails and you lose your video? Do it again! This
is a Ime to try new things, to be yourself, to let loose and connect with your community. Do not
stress too much to the point of taking the joy and connecIon out of these focus group
experiences. The more at ease you become now when doing these presentaIons and speaking
1
See Appendix 1 – Sample Focus Group Memo