OTLA Trial Lawyer Fall 2020

25 Trial Lawyer • Fall 2020 person focus group. In a group of eight or more, it is too easy for someone to hide in the corner to simply say “I agree with Anne” and not give you their valu- able insight. In a group of six, you can keep everyone engaged and talking. Also, this allows you to practice drawing infor- mation out of people like you do in voir dire . This is perhaps the closest to the real thing I have found to practicing that skill. By learning more about your focus group participants at the beginning, you can also begin to see what kinds of experi- ences and backgrounds you should look for while doing your jury selection should your case go to trial and how to frame your voir dire questions to get the jurors you want. Then provide a brief five or so minute presentation of the plaintiff ’s case and five minutes of the defense case. I have the focus group participants fill out a one page formwith a few questions. Example questions include: What are the strongest points for the plaintiff? What are the best defense points in response? What more information do you want? And of course vice versa. Then have the group discuss. After 15-20 minutes of discussion, you can either move on to another case or present additional information about the case you are working on, and ask more questions. One quick note before we move on: I do not tell the focus group what side I represent. I work hard to appear neutral. I do tell them that their insights and thoughts are going to be used to help real people attempt to resolve a real dispute. In the virtual world I was very skeptical that online focus groups would be a valuable substitute for the in-person version. I have now ob- served five or six, and believe they are useful and can be done well. I think they require more planning and preparation. Not only do you need to do everything required for an in-person focus group, but you also must make sure each person in your group can use the technology and platform you are using, check that your own tech works well and you know how to run a meeting on the platform. For showing visuals, you have to be prepared that some people will be using their cell phones and small text is likely to be use- less. (Yet another reason to get rid of those wordy PowerPoint slides.) Sound quality is an issue, so you need to invest in a quality headset or speakers. Be prepared for technical difficulties and have a plan for what to do if things stop working. You also can’t just hand people a check as they walk out the door, so you’ll need to be prepared for some form of electronic payment — likely Venmo, Paypal or something similar. Focus groups are imminently doable by any attorney. They will get better and easier every time you do them, and if you’re interested in CLEs to teach you how to do them better, such programs are readily available. Focus groups have become a fundamental part of my prac- tice. I expect they will continue to be even as COVID-19 changes so many ways we function — perhaps even more so as we navigate these uncharted waters. Faith Morse specializes in plaintiff ’s per- sonal injury, nursing home abuse and traumatic brain injuries. She is a member of the OTLA Guardians of Civil Justice at the Guardians Club level. Morse is a part- ner at the Andersen Morse & Linthorst, PC, 1730 E McAndrews Rd., Medford, OR 97504. She can be reached at 541- 773-7000 or [email protected]. 1 If you have not yet read Rick Friedman’s “Rules of the Road,” that book is in the top three you should read as a plaintiff’s lawyer. My other top two are “Damages III” by David Ball and “12 Heroes, 1 Voice” by Carl Bettinger. If you’re only going to read three quality books (or just need a place to start), these are my top three. 2 Since you’re not getting ethics credit for reading this, I won’t take the time to talk about confi- dentiality, not sharing personally identifying information and otherwise reminding you of your ethical obligations to keep client data safe and confidential. But that is definitely some- thing be aware of and actively protect.