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FOCUS GROUPS BOOK

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CHAPTER 15: THE ADVERSARIAL <strong>FOCUS</strong> GROUP<br />

What it is:<br />

The adversarial focus group is the coup de grace to the defendant’s success. The adversarial<br />

focus group is a full day mock trial where you essenCally put on your abbreviated case as you<br />

would present it at trial. First and foremost, read Mr. Keenan’s blog addressing Adversarial Focus<br />

Groups. 1 Much of this chapter will expand on that informaCve blog and build on it to give the<br />

tools and checklists necessary to allow you to run your own successfully.<br />

PracCce Cp: This is part pracCce Cp, part fellowship war story. What I want you to take away<br />

from this example, is that the presentaCon that is made at the mock trial is not every single part<br />

of your case. The adversarial focus group is just one 8-hour day, when a trial as we know may<br />

be several days to several weeks. Therefore, abbreviaCon is key. What we are presenCng at the<br />

focus group is a laser focused issue board of the main contenCons of the case and the best<br />

arguments each side has on those issues. Before you put anything into an opening, closing or<br />

any direct or cross in your outlines, ask yourself, does this go towards arguing the items on the<br />

issue board. If not, do not include it.<br />

The first adversarial focus group I parCcipated in at the Keenan Law firm was a medical<br />

malpracCce case I had been heavily entrenched in. Many samples are included in this chapter<br />

from that case, which has since resolved. I played the plainCff aTorney, and was very excited to<br />

get up in this seUng and lawyer it up. I did my opening statement and then started in on our<br />

1<br />

See Appendix 3 – Adversarial Focus Group Blog

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