FOCUS GROUPS BOOK

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Secondly, if you do this you’re loading the deck. Instead, my rule for the adversarial focus group is that the best lawyer in the focus group should be the defense lawyer. That’s how you learn where your strengths truly lie. This is one of the biggest issues when Black Hats run FGs. They put the “gray hair” up as the defense lawyer and get some non-experienced puppy associate to play the plaintiff’s lawyer. What happens when you do that? You don’t get any real results. Align your adversarial focus group as close to the real trial as possible. In these days and times, you can get video clips of depositions and show the actual people in your trial. (Beware if the real plaintiff testi;ies then you must get somebody real to testify as the defendant.) With most of my adversarial focus groups over time being medical malpractice cases, there was never any problem going over to the Emory Med School in Atlanta and getting middleaged residents to play the defendant doctor. They were glad to do it for the extra money and it was fun. Why a middle-aged resident? Because if you’re suing a defendant doctor who has 25 years’ experience, you’re certainly not going to have a 20-year-old med student play that role. It’s also great practice to get people in your of;ice to play the witnesses in the case if they are law students or young/new lawyers; it gives them a lot of experience in the inner workings of a trial. You can’t be a great cross-examiner unless you’ve been on the receiving end of some great cross-examination. This brings me to the ;inal bene;it of the adversarial focus group. Let’s face it, we’re not trying the number of cases that we were 10, 20, 30 years ago. Most years, it’s only a handful. This gives the younger lawyers in the of;ice (who may not see the courtroom for years) immediate “courtroom” experience. I can tell you ;irst hand that the Saturday all-day adversarial focus group is highly competitive. The lawyers want to win and often become rather aggressive.
While I think it’s a mistake for the lead plaintiff’s lawyer to be a participant in the focus group (remember, you’ve got to focus on all the details – how can you do that and be a participant?) if your ego requires it…play the defense lawyer. I don’t have to point out the obvious advantages of walking a mile in their moccasins. For the terminal shortcutters reading this blog, do not believe for a minute that the ;irst and only focus group should be the adversarial focus group. It should be the last one after a culmination of tremendous information gained from the lead-up focus groups prior to the adversarial focus group.
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THE KEENAN LAW FIRM INCLUDES GUIDE
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Ms. Miller grabbed the below shot o
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TABLE OF CONTENTS Preface: Chapter
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CHAPTER 1: INTRODUCTION Welcome to
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it aligns with your objecIve. For e
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presenIng a strong defense point in
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FOCUS GROUP STAGES STAGE INTAKE STA
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Objec?ves: Let us look into and exp
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3. Assess how much Bubba cares abou
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The below wriHen ques0ons are those
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(Objec+ve: case selec+on criteria s
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Pa0ent Phil Doe was 51. He was born
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For instance, simply naming who is
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harms), and where else in our world
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chaeng as a group and are influence
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5. To who? 6. How can they be harme
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j. What safety rules can you think
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When to do: The simple answer is, y
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stress this enough. In my experienc
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In 2015, Jane and John were expecEn
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17. What other similar situaEons or
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CHAPTER 5: TIMELINE FOCUS GROUP Wha
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How to do a >meline focus group: Th
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In 2010, Mary and Joe were expec?ng
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14. Graphically, what did you think
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Merry Hospital, its doctors and nur
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c. Surgery Center d. Outpa?ent surg
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sounds complex, it is hard to prono
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Example 1: ErecIle dysfuncIon: 1. W
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11. How many of you believe that a
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. The Word AssociaFon Focus Group:
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CHIROPRACTOR 1. Bones 2. QuesIonabl
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groups are finding for the informaI
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Example 2: Topic: Monsanto/Polychlo
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3. What are the symptoms of PCB exp
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5. Mortality/Morbidity? Conclusion:
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As a whole, you will begin having t
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Running your case topic through the
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5. What damage can occur by an unqu
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Recall of Products: Warnings: corpo
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5. Is it good or bad? BONUS - THE A
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2. What do you feel thankful for? 3
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The potenAal piOalls that you are a
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Conclusion: EvaluaAng witness photo
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Demonstra;ve evidence should always
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The main objecPves of a demonstraPv
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1. What is this place? 2. Is it war
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MOI MAJOR TRUTH NUMBER 1: If the pu
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Some>mes, the mo>ve will be obvious
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The Edge case therefore is built ar
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CHAPTER 11: OPENING STATEMENT FOCUS
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Prac=ce =p: While of course your op
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De-brief Ques>on Samples: 1. Based
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The ques=on template for the plain=
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Elizabeth P Teresa P Angela P Quint
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m. Doctor liability n. What was nee
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CHAPTER 12: DETERMINING WHAT THE JU
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What they need out of the verdict a
Page 118 and 119: How? We need to present our cases t
Page 120 and 121: Nonetheless, while not the focus, i
Page 122 and 123: Let’s first, give a quesEonnaire
Page 124 and 125: 3. Why? 4. Known anyone with it? 5.
Page 126 and 127: 5. Tell focus group parEcipants tha
Page 128 and 129: 25. If I menEon to you a phenomenon
Page 130 and 131: CHAPTER 14: DETERMINING THE VALUE F
Page 132 and 133: Specific outline: The following is
Page 134 and 135: CHAPTER 15: THE ADVERSARIAL FOCUS G
Page 136 and 137: ObjecOve: Mr. Keenan puts it simply
Page 138 and 139: SEND CASE SPECIFIC QUESTIONNAIRE TO
Page 141 and 142: IDENTIFY AND CREATE ISSUE BOARD You
Page 144 and 145: CHOOSE ATTORNEYS TO PLAY PLAINTIFF
Page 146 and 147: 3. What the tracking board looks li
Page 148 and 149: At the Keenan Law Firm, it is firm
Page 150 and 151: 4. Lower cost. When we do focus gro
Page 152 and 153: from what they wrote down a]er hear
Page 154 and 155: follow up quesJons including perhap
Page 156 and 157: TO: FROM: RE: DATE: KLF Focus Group
Page 158 and 159: . Why did it take 18 hours? (x2) c.
Page 160 and 161: 1. TOP 3 FACTS: a. Gabriel i. The t
Page 163 and 164: ADVERSARIAL FOCUS GROUP (MOCK TRIAL
Page 165 and 166: To help you with implementation, I
Page 167: the ;lip side, if you are seeing mo
Page 171 and 172: VIRTUAL FOCUS GROUP CHECKLIST VIRTU
Page 173 and 174: Example 1: On Monday, April 13, 202
Page 175 and 176: All informaMon will be kept confide
Page 177 and 178: CONFIDENTIALITY AGREEMENT The under
Page 179 and 180: Without further ado, a>er three mon
Page 181 and 182: I o>en hear sen*ments like the foll
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FOCUS GROUPS BOOK

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