FOCUS GROUPS BOOK

CHAPTER 14: DETERMINING THE VALUE FOCUS GROUP
What it is:
This focus group is used as one of the necessary tools in assessing the value of your case. An
important takeaway is, and needs to be, that this is only one piece of the puzzle in determining
the value of your case. If you have been taught or work under the assumpFon that a focus
group is useless in helping you assess the value of your case, a main takeaway of this chapter is
to show you that is not the case.
This is just one piece of the puzzle in determining the value of your case.
One of the consideraFons throughout this journey is to determine whether your case is one
that will be labeled as a seIlement case or one that you want to take to trial. This is almost
always going to be a fluid decision, but do not overlook it. The reason we go through the steps
outlined below to help us determine the value of our case, is to also make the decision as to
whether it is a case we can march towards a jury trial, or one that we may need to gear up to be
in the best posiFon for seIlement.
Know that these two tasks: determining the value of your case, and assessing whether to seIle
or try, work in tandem. That is the why. We are going through these steps of determining the
value so that we have adequate expectaFons, do not put blinders on to the pros and cons of our
cases, and most importantly conFnue communicaFng all of this to our clients throughout the
process.
PracFce Fp: Do not wait unFl the last minute to begin thinking about and taking steps to
determine the value of your case. Not only do you need to disFnguish your case as a seIle or
try case, but you also need to communicate that to your client early so that they are on board
with what either a mediaFon or a trial will look like in terms of numbers. This is not a task to be
completed a few days before mediaFon. You need to know the value of your case and your cut
line at any seIlement discussion long in advance of that meeFng.
When to do it:
We have now moved into Stage Three and the trial preparaFon stage of focus groups. In order
to have enough informaFon to run a focus group such as this, you will likely be well on your way
through the discovery process.