OTLA Trial Lawyer Fall 2020

24 Trial Lawyer • Fall 2020 something every lawyer does, 2 though usually without investing much thought or prep work. By taking this opportu- nity and refining it, you can make the experience far more valuable. For example, when conducting any kind of focus group, you should not be looking to win your case. If your focus group thinks it is obvious you should win and no other alternative is possible, you have wasted an opportunity. I am certain a wily defense attorney on the other side can find something to talk about with the jury. If you haven’t done your level best to communicate the best of those arguments to the focus group, the results are likely to be useless. If we could argue to the jury without a defense attorney, trial results would surely be different. However, that is not how the system works. If you are taking the time to talk to someone about your case — not to brag about it, but to seek advice and input — there is something in it that is causing you concern. That means what you need (even if you don’t really want it) is qual- ity feedback. To get it, you have to give your group all of the defense’s best facts. Even if you weren’t doing a focus group that is information you would need to handle your case well, anyway. The goal here is to get outside the echo chamber that is your own head and perspective, and start to hear what real people (not lawyer people, but more like jury people) think about your case. The next size up Once you are comfortable sharing the good, the bad and the ugly about your case with one person, you can now begin to have the conversation with three to four. You might recruit off Craigslist or find people on social media. You prob- ably need to plan to meet up somewhere, whether that be your office, a quiet cof- fee shop or a back room at a restaurant. You might start preparing some visual aids — PowerPoint slides, deposi- tion quotes, photos, medical records, perhaps graphics or other demonstra- tives. You prepare a little more formally rather than have an off the cuff conversa- tion. Maybe plan out questions and drill down to the issues you want to learn about so you can focus on those. Even something as simple as this has given me significant insights into cases. At this point, you have begun to dive into the world of formalized focus groups. My favorite version There are so many ways to run a focus group. My pre-COVID favorite way was to reserve a room at the library ( i.e. a super cheap and totally neutral location) and bring in six people. ( See Marc John- son’s article, page 23, for lots of practical tips on how to do this.) I always begin with a confidentiality agreement. First, it keeps people from posting about what they just did all over social media. Sec- ond, it emphasizes the importance of what we are doing. Spend the first 10-15 minutes getting to know your jurors and helping them get to know each other. This step is par- ticularly important — they are more likely to talk together and participate if they feel like they know each other. This normalizes talking together in the group so the whole thing feels less like public speaking and more like a conversation with friends. Make sure everyone par- ticipates in this part of the discussion. That participation is why I prefer a six Focus Groups: Morse Continued from p 22 The goal here is to get outside the echo chamber that i s your own head and perspective, and start to hear what real people (not lawyer people, but more like jury people) think about your case.