Jury Research & Testing

Effective jury research is an invaluable tool in case preparation. It helps you develop your evidence, plan further discovery, identify words and phrases to use at trial, as well as identify strong witnesses and those who need some help. Also, of course, it helps you plan for jury selection, although this should not be your sole focus.

Many clients spend huge sums on “jury testing,” but do not get good value for money. More importantly, they do not get useful information that helps win the case. BKB can help. The firm has conducted dozens of jury exercises across the country and can assist in several important ways.

BKB’s Methods of Jury Research

It is important to make any jury exercise or “mock trial” as realistic as possible. You need a tough adversary, someone who can persuasively present the best arguments against your case. BKB can do this. The firm knows how to work the room in a jury exercise and it has won over many different panels. If you let BKB argue against you, you will get a preview of your client’s risk at trial.

Playing the Opposition

Lots of lawyers do not do not know how to design an effective jury exercise. They view it as another project and do not think critically about how it fits into the overall trial preparation and strategy. Check out “BKB’s Principles of Effective Jury Testing” below. The advice is sound, and BKB can provide additional detail about how to design a productive, worthwhile research session.

Designing the Exercise

Historically, almost all jury exercises were done in person. Recent world conditions forced lawyers and researchers to adapt, and there have been some unexpected benefits to doing virtual jury research, a lot of which will continue beyond the period of social distancing. BKB can help you design a cost-efficient format that will yield valuable information.

Choosing the Venue and Format

Lots of people advertise themselves as expert jury consultants. There are, after all, no licensing requirements or standard set of credentials. As a result, lots of these “experts” are anything but. Instead, they offer made-up advice, rely on out-of-date stereotypes, and sell the same boiler plate “standard protocol” over and over again. Do not be fooled. BKB has worked with a wide range of consultants and can help you select the one that is right for you and your case.

Hiring the Consultant

Jack Baughman’s Principles of Effective Jury Testing

  • A jury exercise a few weeks before trial is too late. Do research before discovery is closed so you can use what you learn. Do it more than once.

  • Don’t just “try out some themes,” or “see how jurors like the witnesses.” Have a plan to critically examine your case. Challenge assumptions.

  • The best trial lawyers choose words carefully. Jury research can teach you what to say. Find phrases that move the needle.

  • Identify the “leaders” who advocate for your client and listen to how they argue your case. Plan to give trial jurors the tools they need.

  • Jury work is not a line of business like discovery, graphic design, or “trial support.” Choose a smart specialist who adds value.