OTLA Trial Lawyer Fall 2020

22 Trial Lawyer • Fall 2020 By Faith Morse OTLA Guardian A group of lawyers is milling around the courtroom, even though it is 7:00 at night. We are at the William V. Deatherage American Inns of Court monthly CLE, and tonight we are watch- ing a deliberative style focus group. We heard a brief presentation of a case by an experienced and capable plaintiff ’s at- torney and defense attorney. Our jury of six has retired to the jury room to delib- erate and as the break comes to a close, everyone stops and settles into a seat. An intense hush fills the room as we watch a live feed of the deliberations. Lawyers occasionally softly exclaim in surprise at what they hear from the jurors over the next two hours —quickly hushed by the people around them. At the end of the deliberation, each Faith Morse of the jurors is thanked, given a check, and sent home. The lawyers were not yet ready to leave, some lingering outside and talking about what they had just witnessed. I chatted with several over the phone over the next few weeks about focus groups, how they work and how they can be useful in a legal case. I do not know how many started using focus groups after the demonstration that night, but it was widely hailed as one of the best CLEs put on by our local group, which is renowned for having excellent CLEs. I was unsurprised by this reaction from our local bar. Focus groups are one of my favorite things to do as a plaintiff ’s lawyer. I look forward to each one with excitement and anticipation. Focus groups enable you to see things about your case that you likely would have overlooked time and time again. Many uses, many types The thing about focus groups — they are so versatile. I have used them to help me decide whether to take a case. To pick out themes, to give me discovery requests, to uncover likely defense arguments, get feedback on exhibits, understand weaknesses in my case, un- cover where I need more evidence, and what rules 1 apply to my case that will resonate with jurors. The list goes on. While the whole process may seem in- timidating, I encourage you to try it. It is far easier than you believe it will be, and the knowledge gained is invaluable. One of the beautiful things about focus groups is the incredible variety of ways that you can conduct them. From talking with a single person about your case over a cup of coffee, to using a jury consultant in a fancy building with one-way mirrors, the options and variations are nearly endless. I am going to cover some of the less formal, DIY focus groups that don’t involve hiring expensive experts. The micro-focus If you are nervous about doing a focus group, think about the last time you talked to a friend or a loved one about one of your cases. The classic “Hey, what do you think about these facts…” as you prepare for trial, mediation or consider a new intake. This conversation is in essence a micro-focus group. You are seeking unbiased feedback on aspects of your case from an uninvolved third party. Sure it’s informal and with some- one you know and like, and who likely knows and likes you. Not the ideal can- didate in the focus group world — but this is still someone outside the law who can give you a valuable perspective on your case (and if you didn’t believe that was true, it seems unlikely you would be having this conversation with them in the first place). This kind of micro-focus group is See Focus Groups: Morse p 24 SAME CONCEPT F O C U S G