Wednesday, September 16, 2015

Evaluating Your Argument Roster

During the past week, millions of Americans have started their Fantasy Football leagues.  If you’ve never played, it involves creating a mock football team composed of NFL players.  Players acquire points depending on how well they perform in their real-life games.  Each week, fantasy teams face off in a “matchup” against another team for the most points.

At the start of the season, a team will draft more players than are needed and then pick who will play each week, benching the rest.  There are a lot of different strategies to choose which player to use that week, but oftentimes people go with their gut.  Sometimes this instinct turns out well, sometimes not.

When it comes to arguments at trial, you may experience the same pitfalls.  Structuring your whole case around what you think the strongest argument is could fall flat in the courtroom. 

Our focus groups are a great tool to test arguments and ensure you’re putting your best players out there.  Along with the participants themselves, we operate as a fresh set of eyes.  We can test multiple arguments using our Instant Response technology to see which ones potential jurors in your jurisdiction rate the highest.  We then follow up with jurors to talk about why they favored a particular argument.  This allows you to not only identify which arguments to use, but to also hear the language your jurors use to discuss it.  On more than one occasion, we’ve even had jurors surprise us by rating the underdog argument as one of the strongest for the defense, which has helped attorneys restructure their defense more effectively.

If you would like help identifying which arguments to play and which ones to bench, contact Senior Vice President Claire Luna at cluna@juryimpact.net or 714.754.1010. 

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