Peer to Peer Magazine

WWW.ILTANET.ORG 55 Timing: Online jury research exercises can be scheduled with less lead time and more flexibility, as there is no need to identify research facility space. Therefore, minimal setup is associated with an online jury research project other than the recruiting of eligible mock jurors. Typically two weeks are needed for both in-person and online groups to recruit a representative sample of eligible jurors from the trial venue. Some attorneys have indicated they only need a few hours to prepare for the online session. Life Cycle: Online and in-person jury research exercises can complement each other. Some innovative counsel have been conducting early stage online jury research to test initial juror perceptions, themes and trial strategy. The results from this research allow them to fine-tune their themes, arguments, graphics and presentations. Then they incorporate the juror feedback and arguments from the online jury research exercise into an in-person mock trial, which will include openings, cases-in- chief and closing arguments. Rather than conducting multiple in-person groups, online jury research provides a streamlined and cost-effective way to initially test jurors' case reactions and retest (after the in-person session) in a third, final round without breaking the bank. As a bonus, the research from early-stage online jury research helps inform discovery considerations and strategy, and offers an initial damages evaluation. BALANCING THE ADVANTAGES There are advantages to both online and in-person jury research, and either methodology might be used depending on case needs and budget. Online jury research is well-suited for cases involving more basic fact patterns, for testing discrete issues in a complex case or if budget is limited. In-person groups are essential for testing more complex cases or for conducting full mock trials in which openings, multiple witnesses and closings are evaluated. Both methodologies provide critical feedback for determining strengths and weaknesses and for assessing jurors' overall evaluations of the case. About the Author Dr. Eric Rudich is a Senior Litigation Consultant at Magna Legal Services. As an expert in jury psychology, he specializes in identifying powerful themes and arguments, developing persuasive visual graphics, creating sophisticated juror profiles and preparing witnesses. Contact Eric at erudich@magnals.com. About the Author Peter Hecht is the Executive Vice President of Magna Legal Services. He speaks frequently at professional associations and meetings on a wide range of issues regarding the litigation support and consulting industry. Contact Peter at phecht@magnals.com. COMPARING ONLINE AND IN-PERSON JURY RESEARCH Determining whether in-person or online jury research is more appropriate depends on several factors, and the type of research conducted depends on the complexity of the case, the budget, timing and the litigation life cycle stage. Complexity: In-person groups might be more appropriate for complex cases involving several discrete issues. In-person groups are conducted over one or more days, whereas online jury research exercises are conducted within several hours. Attorney presentations delivered for in-person groups are typically significantly longer than for online groups, which allows for much broader information to be presented to mock jurors. In-person groups are useful for more complex cases or for research involving the testing of multiple witnesses. Online groups might be a better approach for cases involving simpler fact patterns or for testing specific issues in a complex matter. Budget: If you have a limited budget, consider online jury research exercises. They offer the ability to test case issues at a much lower cost. In-person groups include expenses for the research facility, equipment and travel, all of which are not incurred in an online exercise. An online platform eliminates most, if not all, of those expenses. Jurors also receive a lower monetary incentive for participating in online research since the exercise is shorter in duration. Online and in- person jury research exercises can complement each other. Some innovative counsel have been conducting early stage online jury research to test initial juror perceptions, themes and trial strategy.

• Cover