Next-Generation Trial Research – Quickly Quantifying Crucial Aspects of Your Case

We’ve recently had several clients with fast-approaching trials who wanted real data, really quickly, about juror reactions to crucial aspects of their cases to assist in profiling their ideal – and less than ideal – jurors.  Using a proprietary survey technology developed by Jury Impact sister company M4 Research, we were able to provide these clients with fast, cost-effective, quantitative and statistically reliable answers. 

In our past research and trial experience, we have often found that jurors’ views about a case involving complicated issues and thousands of pages of documents ultimately come down to how they feel about one or two simple questions.  For some cases, when there simply isn’t time to do research or a key aspect of the case has changed since the focus groups or online survey, it makes sense to conduct basic quantitative research by putting those issues in front of a large panel of potential jurors.  

In the example below, we surveyed more than 4,000 jurors about a fundamentally important issue to a case – and had complete results within an hour.  

We not only provided topline results for how panelists answered the question, but we parsed the results demographically so the clients could see how different groups answered.  The breakdown: white and Asian-American jurors were the least likely to find the hospital responsible for the nurse’s actions, and African-American and Hispanic jurors were the most likely to hold the hospital accountable.

Results can also be broken down by education, income, age, gender, military service – and any other demographic variable incorporated into the survey.

We’ve used this quantitative survey approach several times so far, allowing clients to cost effectively poll thousands of potential jurors with up to three concise questions that give them a statistically reliable read on how trial jurors are likely to respond to important issues.

Consider how you might benefit from this type of research.  For example, you might want to know whether jurors find a crucial fact or theory in your case believable on its face or how they feel about a given situation.  Maybe trial is coming up and you need to know what type of juror demographics are most or least likely to believe a medical procedure consent form insulates a hospital from liability for a complication.  You can even field a question while trial is in progress to figure out how jurors might react to a new, unforeseen issue.

Examples of the types of questions you can ask jurors:

• Rank competing themes or language you are considering using for opening/closing
• Find out how a co-defendant being dropped might impact the case
• Assess factors affecting damages, such as whether jurors believe a disabled plaintiff will be able to work, or will need 24-hour care
• Weigh competing theories to find out which one jurors find more believable
• Find out how jurors might view a crucial admission by a witness – we can even play a brief video clip of the witness’ deposition to test credibility

Contact Senior Vice President Claire Luna at cluna@juryimpact.net for a price quote or a demonstration of how to use quantitative research. 

If you need a more thorough assessment of your entire case rather than just certain isolated elements, we also offer live or online focus groups that let you test out key themes, arguments, evidence and witnesses.  Let us know if you’d like a free 30-minute webinar demonstration of all our services.

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Additionally…

We’re always advising our clients to humanize themselves, to even the playing field between the defense and the typically more sympathetic plaintiff.  We ran across a video this week produced by Cleveland Clinic called “Empathy: The Human Connection to Patient Care,” posted online in late February.

http://www.youtube.com/watch?v=cDDWvj_q-o8

The four-minute video follows several patients and hospital employees around the facility, capturing what they are going through in poignant phrases: a little girl “visiting dad for the last time,” a pensive woman waiting to learn more about the “something” on her mammogram, a pediatric nurse, who “always wanted a child on her own,” cheerfully waving to a discharged patient.  It’s a perfect example of a proactive marketing effort to share the Clinic’s
prioritization of empathy and patient care.

A warning: you might need tissues.

Beyond the focus group: Our other services

Hybrid Process

Although many of you are likely familiar with our proprietary focus group format, some clients opt for a “hybrid” approach to combine the interactive aspects of focus groups with the attorney presentation features of mock trials.

This is a popular research option because the juror discussions reveal the strongest themes, language and arguments for both sides, and the mock-trial component of the exercise allows claims managers and attorneys to evaluate and

hone the presentations well before trial.

Online Research

We frequently hear from clients that they have a tough case coming up, but the exposure just isn’t high enough to merit focus group research.  These same clients are surprised to learn that for years we’ve been conducting cost-effective online research to provide high-quality feedback for lower-exposure cases.

By presenting the case facts, arguments for both sides, and evidence and demonstratives to jurors online, it not only allows you to gain similar real-time feedback as in a focus group, but it saves on facility and travel costs.

Notably, this process allows us to reach a larger pool of respondents than a traditional focus group – with a minimum of 35 online participants providing written feedback, argument ratings, witness evaluations, pertinent case questions and language and thematic suggestions.  We conduct individual interviews with at least 10 percent of respondents to dig deeper and “push back” to get the same kind of insight you expect from our live focus groups.

Other Services

Jury Impact staff assists with jury selection and trial monitoring for dozens of trials every year.  Our seasoned analysts have the resources and savvy to provide on-the-spot advice regarding your most and least troubling jurors as well as how to tailor the defense’s message to the selected jurors.

In addition, with former news reporters on staff, our exit interview process can provide valuable insight into the mindsets behind jurors’ verdicts.  These insights can be applied to future cases once you find out what worked – and what didn’t.