Early Bird Gets the Insight: Focus Groups Before Discovery

Think focus groups are just for refining your trial strategy right before you head to court? Think again. There's a strong case to be made for focus grouping your case even before discovery has fully unfolded. While it may seem premature to seek juror feedback before you have the full evidentiary picture, early input can offer crucial strategic advantages. A pre-discovery focus group gives you a powerful head start — not just in anticipating how a jury might perceive your case, but in shaping the foundation of how you investigate and build it.

Why dive into the minds of potential jurors so early in the game?

• Identifying Core Issues and Assumptions: Even with a basic understanding of the facts, a pre-discovery focus group can reveal the fundamental issues and assumptions that resonate most strongly (or negatively) with jurors. This early insight can guide your discovery efforts, helping you prioritize lines of inquiry and document requests.

  
  

• Guiding Discovery Strategy: Knowing what resonates with potential jurors can directly influence your discovery plan. For example, if an early group highlights the importance of a specific document, you can prioritize obtaining that information. Conversely, if certain areas seem irrelevant to them, you can adjust your focus.

  
  

• Testing Initial Case Themes: You likely have a preliminary theory of the case. A pre-discovery focus group provides a low-stakes environment to test these initial themes and see if they hold water with a neutral audience. This can save you significant time and resources by steering you away from unpersuasive arguments early on.

  
  

• Understanding Potential Juror Biases: Even without specific evidence, people bring their own life experiences and biases to the table. An early focus group can help you identify potential preconceived notions that might impact your case, allowing you to address them proactively throughout discovery and trial preparation.

  
  

• Informing Settlement Discussions: Early feedback on the perceived strengths and weaknesses of your case, even in a preliminary stage, can provide valuable insights for potential settlement discussions. Understanding how a jury might react can influence your negotiation strategy from the outset.

  
  

While a pre-discovery focus group won't provide all the answers, it offers a unique opportunity to gain early, unfiltered perspectives that can significantly shape your legal strategy and ultimately improve your chances of success down the line. It's about getting a compass reading before you embark on the full journey of litigation.