- Determining Case Value
- Risk Assessment
- Identifying Hidden Biases
- Identifying Pre-Existing Attitudes
- Detecting Strengths and Weaknesses
Jury Research provides information that will focus the trial team on issues jurors see as important to the outcome of the case. Many times, issues defined as important by the jurors are very different from those issues that the trial team believes are important to the case.
Conducting pre-trial jury research provides a multitude of benefits, such as: determining case value, assessing the risk of an adverse verdict, identifying hidden biases which interfere with jurors' understanding and comprehension of the case, identifying pre-existing attitudes which affect the jurors' decision-making process, detecting the strengths and weaknesses in both the plaintiff and defense sides of the case, and developing strategic recommendations which incorporate key elements necessary to construct the most persuasive case presentation.
With over 20 years in the field of jury research, The Litigation Group has developed a scientifically sound research design to test the persuasiveness of any case presentation, as well as to study the decision-making process of jurors in the trial venue.
Once our communication experts have developed the appropriate research instruments to properly gauge and record the mock jurors' attitudes, our research team recruits a scientific sample of mock jurors that match the statistical makeup of the jury pool in the trial venue. The case presentations are then presented to this mock jury pool.
During the research, The Litigation Group's communication experts test and evaluate the persuasiveness of the case -- from both the plaintiff and defense positions.
The Litigation Group's Jury Research includes the study of pre-attitudes and biases, post-attitudes, and group dynamics within the deliberation process. This research method is scientifically sound and provides our clients with confidence in its validity and reliability.
Upon conclusion of the research, The Litigation Group compiles a post-analysis report incorporating the findings and strategic recommendations applicable to the case. The research findings highlight the key factors jurors used to make their decision, as well as other issues of relevance to the jurors. Integration of these findings and recommendations into the case strategy enables the trial team to structure their presentation of the case to emphasize the elements most persuasive to the jury while employing effective strategies to counter the opposing side's arguments.
Though many different characteristics identify juror types, two specific types stand out: "Cognitive Thinking Jurors" who rely upon facts and issues to formulate their opinions; and "Affective Thinking Jurors" who base their decisions largely on emotions. The trial team should assume that the jury is comprised of both types of jurors.
The Cognitive Thinking Juror processes information through a structure of arguments, constantly evaluating the facts and issues as the trial progresses. Cognitive Jurors may use a more complex thought process to develop their opinions about the case.
The Affective Thinking Juror processes information through emotional sensors. These jurors rely heavily on their emotions to make decisions and therefore process little information before formulating an opinion. Fear, sadness, pity, anger, resentment, and sometimes outrage make the Affective Jurors adamant in their positions. The Affective Juror will be unable to find convincing support for the litigator's case if the facts and issues are presented only from a cognitive point of view.
It is essential for a trial team to develop their arguments geared to the Affective Thinking Jurors. Arguments that have the appropriate emotional content will have persuasive power on these types of jurors.
Unlike the Affective Juror, the Cognitive Juror is not dependent upon emotional appeal and has the ability to search out the issues and the facts. A Cognitive Juror will see through the emotion in the presentation and dissect out the factual information necessary for his decision making.
We work with the trial team to provide a balanced presentation so that there is enough emotional appeal for the Affective Jurors while speaking to the Cognitive Jurors.
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