We’re going back to the basics this week, asking, “Why do trial lawyers even do focus groups?”
Focus groups are not primarily for determining case value or winning cases. Instead, focus groups provide valuable insights into jury perceptions, case weaknesses, and effective storytelling strategies.
I share some real-life examples of effective use of focus groups, including a doozy of an example that, although it was a rough go, it left the lawyer with much more clarity on the path forward, and where to concentrate their time.
In this episode, you will learn:
How focus groups help in understanding jurors’ perspectives.
How focus groups allow for deeper conversations.
Why starting your opening in the right place is key.
The hidden attitudes that can be revealed by focus groups.
How to build a stronger case, thanks to the feedback you receive.
Elizabeth offers virtual focus groups with several options. Book a free call with the link below to find out the options for your case:
In this week’s episode, we’re looking at a powerful and often overlooked tool for persuasion: side-by-side comparisons.
Discover how this method can simplify complex information and sway jury decisions in your favor. I shares practical insights from my virtual focus groups, which offer strategic ways to leverage this tool throughout your case.
Our brains respond intrinsically to visual comparisons, and I’ll show you how to implement this tactic in opening statements, mediation packets, and beyond.
Learn how side-by-side comparisons can become your secret weapon for a better case outcome. And book a free consultation for virtual focus groups using the link below.
In this episode, you will learn:
How our brains always look for patterns, and how comparison is a powerful persuasion tool.
How our brains also crave easy decisions, and comparisons helps clarify positions.
How focus groups reveal jury preferences.
How to use comparison in your opening statements.
Why visual aids are crucial for understanding.
Want to learn more about the virtual focus group Elizabeth does with lawyers? Schedule a free call:
Today, we’re talking about the advantages of using virtual focus groups to enhance jury selection, especially in jurisdictions with limited voir dire.
I share a real-life success story where a lawyer used virtual focus groups and a detailed jury research chart to navigate a challenging trial with confidence.
We then look at the nuts and bolts of how to conduct virtual focus groups, create insightful jury profiles, and maximize the value of focus group feedback. By analyzing qualitative data from focus groups, lawyers can identify potential jurors who may not align with their case, thereby making informed decisions during jury selection.
This episode is a great starting point for learning practical strategies to better understand jurors, identifying their emotional engagement, and improve your overall trial strategy.
In this episode, you will learn:
Creating a jury research profile helps identify unfavorable jurors.
Demographics alone are insufficient; life experiences matter too.
Judges may make impulsive decisions during voir dire.
Multiple focus groups enhance confidence in jury selection.
Transcripts from focus groups are crucial for extracting insights.
There is no perfect method for jury selection, but strategies can improve outcomes.
In our last episode, we heard from Tim Bechtold, whose perseverance ultimately led to a verdict in Montana of over $27 million for his client.
Today, we’re joined by Tim’s partner in the case, John Heenan, for his perspective on the process and the role he played in achieving the result, particularly as someone who joined late in the day to help push it over the finish line.
We talk about how to approach the trial, the importance of adding someone new to a team for crucial fresh perspectives, and advice for working with conservative mentalities on juries and trial presentation.
John emphasizes the importance of empowering jurors and leveraging collaboration to achieve results in the courtroom, while also reminding us of how we can measure success, keeping an honest assessment of our role in the outcome.
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Supporting Resources:
Guest John Heenan of Heenan & Cooke Trial Lawyers, Montana.
Tim Bechtold spent years fighting a a civil rights case involving a prisoner from the Montana State Prison System.
In today’s conversation, we look at the intricacies of the case, detailing the client’s wrongful conviction, subsequent assault in a private prison, and the challenges faced due to procedural delays and missed deadlines.
However, the perseverance of Tim and his team ultimately culminated in a favorable verdict and a reward of just over $27 million.
Tim explains the importance of a focus group in shaping their trial strategy and reflects on the quick-paced nature of their trial, as well as the broader implications of justice and advocacy for marginalized communities.
Tim Bechtold is a Montana-based trial lawyer known for his work in civil rights and environmental law.
In this episode, you will learn about:
How the case of Nate Lake highlights systemic issues in the justice system.
How the verdict of over $27 million underscores the importance of accountability.
Why justice for marginalized communities often requires persistence and dedication.
The role of storytelling in trials that is crucial for juror engagement.
Our episode this week demonstrates why even small focus groups can go a long way towards saving your case.
Running focus groups in discovery can accomplish a lot in even just 50 minutes, giving you data and analysis that you simply wouldn’t have otherwise.
I outline three specific types of focus groups that can save cases: neutral narratives, timelines, and deposition preparation. Each type serves a unique purpose in helping lawyers understand their cases better, identify weaknesses, and prepare their clients for testimony.
We want our clients to do the best job possible, so why not give them a leg up and do a focus group test run, to help figure out where jurors will land on the testimony.
In this episode, you will learn:
How focus groups can save your case during discovery.
Understanding jury perception is crucial for case strategy.
How fresh perspectives can break stuck thinking in cases.
Identifying assumptions early can guide case direction.
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Are you willing to be bold and confront jury selection challenges head-on?
Sharif Gray is here to share his perspective on jury selection, turning the tables on some of the assumptions and stereotypes that we often associate with the process and suggesting that instead, we take potential concerns and weaknesses and turn them to our advantage.
In so doing, you will demonstrate credibility, authenticity, trust and respect, for the potential jurors, the judge and even the defence.
“We’re there for fairness. So I’m looking for jurors who are going to do right by my client, but I’m also looking for jurors who are going to do right by the defense. Because it’s not justice if you’re going to close your eyes and just vote for my side every day of the week.” – Sharif Gray.
Sharif is a trial lawyer based in Richmond, Virginia, and the host of the Courtroom Stories and Tactics podcast, where he and his guests do deep dives on topics like voir dire, jury selection, the role of the legal system, and one of my favorites: focus groups! I was honored to be a guest on Sharif’s show earlier this year.
In this episode, you will learn about:
Challenges in Traditional Jury Selection
Building Credibility with the Jury
Starting Jury Selection Right
Effective Communication Techniques
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We turn to focus groups for different perspectives, different viewpoints and unexpected interpretations.
But sometimes, these insights can really catch us off guard, even when we think we already know the case.
My good friend Sheila Wilkinson and I continue our conversation from Episode 147, and talk about why teaching lawyers to see their cases through fresh eyes changes everything.
Sheila has her own revelations about what focus groups really reveal, and shares her own unique insight as a combined licensed attorney, licensed social worker, educator and coach. Sheila loves to share her passion for teaching and the benefits of involving clients and their lawyers deeply in the focus group process, to improve trial outcomes.
We then share actionable advice for plaintiffs attorneys considering focus groups, and emphasize the relational and educational aspects of trial consulting.
In this episode, you will learn about:
05:15 Building Relationships with Clients
09:47 Advice for Attorneys Considering Focus Groups
15:24 The Importance of Lifelong Learning, and Building a Strong Team for Trial
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We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Why are focus groups so transformative to the legal field?
Today I invited my friend and fellow lawyer Shelia Wilkinson for a “podcast takeover” – Sheila becomes the interviewer, and asks me about my background and what brought me to doing this unique work of running focus groups for lawyers.
We look at the methods and motivations I use, the value of focus groups in legal practice, how groups help lawyers communicate effectively, identify key case elements, and enhance overall strategy.
Focus groups can transform a legal practice by offering a clearer perspective and fostering confidence in your arguments – ultimately helping lawyers navigate complex cases more effectively.
And stay tuned for part two between myself and Sheila, where more surprises and insights await!
In this episode, you will learn about:
Assessing risk
Gaining certainty in trial preparation
Building better communication skills, and understanding nuances
How to identify key case elements
How to navigate complex cases more effectively
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Explore the importance of building confidence in clients for depositions in this episode of Trial Lawyer Prep, hosted by Elizabeth Larrick.
Learn the difference between confident witnesses and ego-driven witnesses, and discover practical strategies for instilling confidence in clients ahead of their depositions.
Elizabeth emphasizes using clients’ words, co-creating preparation materials with them, and offering positive feedback. The goal is to help clients believe in their stories and communicate them effectively under questioning.
We also look at the importance of role play and testing, to ensure clients are truly prepared for their testimonies.
In this episode, you will learn about:
Understanding Confidence vs. Ego in Testimony
Building Confidence: Using Client’s Own Words
Co-Creating Documents for Confidence
The Importance of Positive Feedback and Encouragement
Role Play: Test Your Client’s Confidence
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Supporting Resources:
Check out the latest ways to re-wire your brain for better deposition prep in Episode 143.
Book a free call with Elizabeth to pick her brain about deposition prep:
