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There is a tremendous
need for focus group planning and administration for Litigators. The
following is a "How To" on:
- Recruiting Jurors
- Screening Jurors
- Facility Acquisition
- Recruitment Forms
THE
PHILOSOPHY
The philosophy behind
creating a mock juror panel is to find out what persuades a group of
individuals to a desired verdict. In order to do this effectively you
need to…
- Recruit Opposition
Prone Jurors
In other words, if you have a substantial trial pending
and the client is Microsoft, your task would be to recruit potential
jurors who are strongly opinionated about "Big Business"
or "Monopolies". The reason for recruiting opposition prone
jurors is to find out why they would render a verdict in favor of
your client's opponent. From their answers, you can strategize and
formulate a line of questioning that will lead or "persuade"
your client's"real" jury to find for your client.
- How would
you recruit Opposition prone jurors?
- Can you suggest
another reason why you would recruit Opposition prone jurors?
- Know your jurors
It is important to keep a record of each juror. Information
such as demographics, occupation, values, belief systems and if they
have participated in this type of focus group will all be vital to
your study. Based on their answers, you can then determine which types
of people would best serve your client's needs
- Why is this
information valuable to your client?
- Why is this
information valuable to you in your selection of jurors?
- Attendance Rates
The
city in which a potential juror resides has much to do with their
opinions, beliefs and values. A juror who resides in a rural town
will be much more likely to honor their commitment to participate
as a mock juror than a person who is living in a large city. Therefore,
if you are recruiting in a large city for participation you should
book accordingly. A large city will require that you over book so
that if participants do not show up for the appointment, you have
avoided a shortage in your study.
- Why do you
think a rural participant would be more likely to show up?
- Can you suggest
ways to encourage participation among city dwellers?
- Payment
You can typically offer a cash payment to all accepted
participants. Generally a $100 cash payment to jurors results in a
good sized participation group. Again you must know your area in order
to determine a reasonable rate of pay. Typically a rural area will
allow you to pay less money than a city or large town. Of course,
the greater the probability of getting a sizable participation group.
- Why do you
think this is so?
- What amount
would you pay?
- What other
ways of payment can you suggest?
- What are
the pros and cons of the different payment methods?
HOW TO
RECRUIT PROSPECTIVE JURORS
- Internet
There are several ways to use the Internet effectively.
You can create a home page that potential jurors can visit. You can
use bulletin boards and place postings in areas likely to be traveled
by the types of people you seek. You can also use the classifieds
of various search engines.
- What are
the pros?
- What are
the cons?
- Newspapers
Run a classified ad in a designated town or city asking
for participation. It is advisable to provide a toll free number as
well as a specified time to call. You may also wish to have a separate
phone installed so that during the non advertised times, you can turn
off the phone. With a classified ad, you will want to list the date,
day and time which you will accept appointments for screening applicants.
- What are
the pros?
- What are
the cons?
- Networking
A great source of potential mock jurors can be found
by exploring areas where large groups of people congregate. These
can include churches, schools and local organizations .
An interesting note… Demographics
have no correlation to jury verdicts.
- What are
the pros?
- What are
the cons?
- Temporary Agencies
A temporary
agency is a great place to find potential jurors however there is
a downside. Temp agencies are not allowed to discriminate. If you
know your client needs three females between the ages of 50-70 and
of a middle class background, then you would need to determine which
job pool would most likely yield your person. For example, to meet
the above specifications, you may request the following …"I
would like to interview school teachers with at least 25 years of
experience."
- What are
the pros?
- What are
the cons?
- Marketing Research
Firm
This is probably the most reliable way to recruit jurors.
You can tell them exactly what you seek and they will find the people
for you. Marketing Firms generally pay the potential jurors. You are
responsible for paying the firm. Using a Marketing Firm is also the
most expensive way to recruit jurors.
An interesting note...
Some may say that these methods of recruiting jurors is at best
a shot in the dark. In fact, because of your screening methods, it
is a Scientific process which yields immensely valuable data for your
clients.
- What are
the pros?
- What are
the cons?
- Can you offer
any other suggestions on how to recruit potential jurors?
- What questions
do YOU have?
RESEARCH
SETUP
This lesson will
focus on what is required to set up a research group. As always, your
input and suggestions are welcome. Each section will have a few questions
for you to answer.
You've learned how
to find your prospective jurors and now you're ready to start the screening
process! But before we talk about the screening, you need to know how
to find a suitable place to hold your meetings. Below are a few suggestions.
Ideal places to
hold your meetings: Hotels, Airport Lounges, Job Services/Temp Agencies,
Market Research Facilities, Banquet Halls, Churches, Offices, Restaurants(back
private rooms) & Real Estate Offices.
- Why do you think
these types of places are recommended as hosting facilities?
- What are the
pros and cons of each facility?
- Can you suggest
any other facilities? Your hosting facility should offer the following:
- Convenient to
Airport
- Easy access from
major interstates
- Large enough
to accommodate at least 15 people
- Away from distractions
such as celebrations or construction
- Will accept phone
calls and provide information
- Will allow food
and beverage services
- Offer Audio/Visual
hookups or service (unless you can provide your own service)
- Offers a restaurant/
Food, Catering
- No charge for
parking
- Viewing room
if possible
- Blackboard, whiteboard
or flip chart
- Lobby marquis
set up to say "Jury Research" in room
Using these guidelines
will allow you the greatest chance of success. Easy interstate access
means that your participants will be able to find the meeting place
with a minimum of trouble. Having your meeting hall close to the airport
will allow your clients or managers easy access should they be flying
in to attend. Using a place that is spacious and comfortable allows
your jurors to be relaxed and encourages them to be sociable. Also,
it is important that your meeting place allow a food and beverage service.
Providing food for your mock jurors creates a comfortable environment
which lends itself to active participation by the mock jurors. This
relaxed, social interaction type atmosphere also tends to elicit frank,
honest feedback from the mock jurors about the case. The way in which
your room is set up will also greatly contribute to the atmosphere.
When you arrange your meeting space, you should be prepared to provide
your host facility with a room layout and an agreement form. We suggest
that you arrange to have the tables set up in a"T" formation
with at least four chairs per side and several extra chairs available.
You will also need to make sure that your facility offers coffee and
water throughout the day. No matter where you choose to hold your meeting,
you will want to request that your room be removed from any other activities
so that your jurors are not distracted. Your agreement form should specify
your requirements(as listed above), cost of conference room, cost of
refreshment setup and billing information.
- Which type of
facility would you choose?
- What type of
layout would you use for your meeting and why?
- Why is it important
for your jurors NOT to socialize before, during or after the
research?
Now that you have
determined a meeting place it is time to start scheduling your juror
screenings. When your jurors call to schedule your focus group, you
should tell them to arrive 45 minutes before the research starts. This
will allow the jurors time to fill out necessary paperwork. It will
also allow you to find alternate jurors should any of your scheduled
jurors not attend. You will need to tell them the time and place the
meeting is to occur, the dress code required and provide directions
as well as a phone number of the meeting place. You will want to inquire
as to their occupation to make sure they are not connected in any way
to the case at hand.
RECRUITMENT FORMS
Several contracts
will now need to be issued for all parties involved. The reason for
issuing contracts is to protect yourself as well as your client. These
will include:
- Independent Contractors
Agreement
- Temporary Agency
form (if applicable prior to research)
- Confidentiality
Agreement
- Introduction
letter
- Agreement/Permission
form to audio/video tape your jurors
- Release of Liability
- Notice to Attorneys
Independent Contractors
Agreement
An Independent Contractors Agreement allows you to define the terms
of this agreement between you and your mock jurors. It is essential
to specify their duties, their payment options, the length of time they
will be employed and the termination date of their services. It is also
important that your mock jurors realize that they are NOT paid employees
and that any future contact must be initiated by you. Some jurors will
call repeatedly asking for work so it is necessary to make the terms
of employment understood.
What
other points would you include in your agreement?
Temporary Agency
Form
If you recruited your jurors using a temporary agency, you will send
a memo stating your requirements, the function of the "temps",
the instructions for the "temps, as well as define a representative
sample of what you require in your group of people. For example, you
will need to specify that these people will be considered Mock Jurors.
Their function will be to fill out paperwork, listen and ask questions
and be able to deliberate. A representative sample may be to get a group
of people that represent and "Actual jury panel:" so you will
need to avoid people currently working within the industry your case
pertains to, no family members at the same research group, no previously
acquainted people. You will also need to specify that these people be
able to read, write, see and hear. A mock jury panel consists of men
and women of all ages, gender and different occupations. So make sure
they do not send over all men, or all women etc.
Confidentiality
Agreement
A Confidentiality
Agreement is issued by and between you and your mock jurors. It's purpose
is to prevent the mock juror from discussing the case outside the meeting
facility. It is important that the juror remain unaware of the "real"
case at hand. Thus it is necessary to change the names of the parties
involved. The jurors should not be aware which attorney is sponsoring
the research. It is also necessary to restrict the interaction between
mock jurors and the attorneys in order for this to remain a scientific
exercise. At the end of the meeting you will need to debrief your jurors.
Why
is it necessary to change the case names?
Can
you think of another reason why the jurors not interact with the attorneys?
Introduction
Letter
An Introduction is issued by you to the mock jurors. This letter
will serve to explain the case at hand. It will also outline the expected
behavior while in the meeting.
Can you give examples of expected behavior?
What
are the pros and cons of a dress code?
Permission Form
for Audio/Video Taping
Permission to audio/video tape your jurors is a requirement. Having
this form signed before the meeting will assure you and your client
that the information obtained is given freely by the jurors and is without
restriction.
What are some advantages/disadvantages
of having the focus group taped?
Release of Liability
A Release
of Liability can be issued to both the hosting facility and to the jurors.
Its purpose is to hold harmless all initiating parties involved.
Notice to Attorneys
Notice to Attorneys is issued one week prior to the event to indicate
the time, place, day and date of the focus group. Be sure to include
the phone number of the facility and directions. You may wish to introduce
yourself and any other members who will be assisting you in this meeting.
Remember to mention the dress code. Trial Consultants, Inc., is always
looking for Focus Group Meeting Planners.
Please indicate
via e-mail to JuryDoctor@aol.com
if you would be willing to provide these services to us.
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