FOCUS GROUPS BOOK

Specific outline:
The following is the script for assessing value in your case:
“I’ve been asked by the parBes to ask a personal quesBon. If the insurance companies for the
defendants all got together, and it was one of your family members that died that day, and
they came to you and made a cash seTlement offer of $5,000,000, do you take it and release
all claims forever, or reject it and go to trial?”
Remember, this is not an event case, and this case is not about your client. This focus group is
not one where your descripFon prior to asking the above quesFons is all about damages. Quite
the contrary, the presentaFon describing the case needs to be framed around the system failure
as you would try the case, with just enough informaFon to assess what the harm done was.
A`er you have given the descripFon of the case including the system failure and damages, ask
the above per the script. Key points include not negoFaFng. It is important that it is a “take it or
leave it” number. Also ensure you have follow-up quesFons ready including why, and the
reasons for their decision. At this point, you can easily transiFon into asking what the
parFcipants would get out of a verdict if they went forward.
Also, listen. In the response to the above quesFon on value, the parFcipants will give you the
thing that is most important to them in their decision-making. It may be accountability, it may
be deterrence, or it may be taking the offer you have given and blaming the client. Whatever it
is, listen to the first thing they say a`er their accept or reject response.