Connect with Jurors Fast by Putting Your Best Foot Forward

Real estate agents know the first photo of a home for sale has to be an eye-catcher or the buyer will never get to selling points such as the granite countertops or nearby Blue Ribbon School.  A recent Wall Street Journal article found an astounding 95 percent of homebuyers viewing online listings looked at the first photo (typically of the home’s exterior) for 20 seconds – more than a third of the total average time spent looking at all photos – and after that their eyes tended to meander all over the screen with varying degrees of attention. 

By researching how homebuyers interact with Internet listings, real estate professionals are able to better understand the importance of leading off with the most effective photo to engage buyers.  This principle of putting your best foot forward applies to jury research as well.

Regardless of the product – real estate, new types of toothpaste or your side of the story in a civil trial – the article highlights the importance of first understanding how your audience will view your product (in a trial context, the key language, witnesses, themes and  arguments of the case), and then presenting your most compelling information up front to quickly connect with jurors.

For example, when we conduct witness preparation sessions one of the first steps is to get the witness talking about why they got into their line of work in the first place, and some of their most positive experiences.  Years ago, while an anxious witness was telling us about her nursing background, she mentioned as an aside that she was “hand-picked” by a doctor to be present during the deliveries of his own children – a compelling fact that might not have come up naturally during direct examination (and especially cross).

When our team pointed out the potential significance of this information to a jury – practically a throwaway line as far as she was concerned – she not only gained more confidence in her testimony, but it opened other avenues of questioning that led to her saying she got into nursing to “be there for that miracle” – a moving statement that came out organically and poignantly.

At trial, armed with newfound confidence and a mindful attorney who added these humanizing types of questions early during direct examination, this formerly nervous and reticent nurse was poised, confident and made an immediate – and extremely positive – impression on the jury.

Whether through conducting focus groups, surveys, witness preparation or online research, we always recommend taking steps to learn about the jurors in your particular jurisdiction, and uncover what they believe is your strongest, most sympathetic position.  Their candid feedback allows you to lead with the most effective themes and language to connect right away, and ultimately arm your advocates in the deliberation room.

If you have an upcoming case that could benefit from research, please feel free to call us at 714.754.1010 and we would be happy to discuss your goals and how our services can help you and your clients.

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.