FOCUS GROUPS BOOK

The purpose of this second Manual is to expand on the general who, what, when and where of
the first Manual, to provide trial lawyers with the actual tools, outlines and pracIcal Ips to
bePer understand how jurors want to receive your case.
One major truth is this: if you want to know how to win your case, the last person you should
ask is a lawyer. Lawyers do not decide your case. Real people do. Bubba does. The only way to
find out how that is going to happen, and what the jury needs from us is to simply ask them.
The end game of doing focus groups, and everything we do in a case for that maPer, is to win.
What does “winning” mean? It means something different at every step of your case. It means
idenIfying the cases from the get-go through the case selecIon criteria and first intake focus
groups whether it is a case you want to invest not only your Ime and money on, but something
that you want to communicate to a potenIal client that has high hopes for success. At other
points in the case, if it makes it over the first intake hurdle, is assessing at every step of the way
the winning facts, the defenses that will kill you, and the things you need to find out in order to
get the best result for your client. Lastly, it is consistently and properly assessing your case to
determine if it is one that should be sePled or one that should be tried. And who bePer to ask
these quesIons of than the actual individuals that will be siZng on your jury and be the
ulImate road to your and your client’s success?
General 6ps:
1. Have an objec6ve. The very first thing to do when siZng down to plan your focus group
is to determine what you are needing from the parIcipants. You cannot do everything in
one focus group. You cannot all at once present a narraIve and also test an opening, or
get a percepIon of a photo of a defendant and also show an MOI. So before you start,
pick what is ripest and ready in your case to be tested, and focus on that. Write at the
top of your piece of paper and materials the objecIve, and while formulaIng your
presentaIon and quesIons conInuously cross check and ensure everything you are
including and asking propels forward that objecIve. If not, take it out.
2. Prepare your materials. Materials can mean visuals that include a PowerPoint
presentaIon, photographs, videos or they can simply mean your wriPen materials of
what you will be reading to the focus group. Because words maPer so profoundly, do not
wing it unless you are extremely seasoned in doing so. Not only do you not want to
waste your own Ime, but you also do not want to waste the Ime of the parIcipants you
have paid to come listen to you. The more efficient and prepared you are the more
things you can accomplish in every block of Ime. In addiIon, the more prepared you
are, the greater the chance you will have Ime to edit and trim down your presentaIons
to keep them as simple as possible. And simple means easy to understand.
3. Keep it simple. Stemming from the above, do not aPempt and cram too much into your
presentaIon. See item 1 on this list. Whatever you include in your presentaIon, ensure