Applications of Qualitative Research Techniques In the Legal Profession

Tort & Negligence Law

Medical Malpractice

Product Liability

Personal Injury

Automobile Accidents

Jury trials are miniature marketing campaigns, in which each side seeks to convince a panel of men and women to choose their brand over the competition.   To maximize their chances for success, trial attorneys are increasingly turning to market research, to address questions such as:

§         How do I communicate detailed technical information in a way that    

           ordinary jurors can understand?

§         How much information is enough, how much is too much?

§         What evidence resonates best with jurors?

§         What are the strengths in my case, what should I seek to emphasize?

§         What are the weaknesses in my case, what should I seek to

           deemphasize?

§         How do jurors react to the emotional aspects of this case, and why?

The use of the group research technique can mimic the jury room environment; use of debriefing after videotaped "role plays" can further elicit information from "jurors" to understand what they were thinking, what was having an impact.

The qualitative research process can ....

§         Determine which of several potential defendants may be most

           vulnerable to suit; against which, most likely to succeed

§         Aid in selecting a jury

§         Develop jury questionnaire

§         Use jury questionnaire to learn as much as possible about jurors,

           demographically, attitudinal, personal habits, politics, religious

           affiliations, opinions on topical issues (e.g., abortion, capital

           punishment), media reader/viewership, etc.  (Such information can be

           used to help "connect" with a jury)

§         Evaluate the impact of opening statements

§         Develop and refine alternative trial strategies based on jury profile

§         On an ongoing basis, refine the selected strategy, based on presentation

           of defense's case

§         Use for rebuttal

§         Explore methods for presenting complex information to maximize

           understanding

§         Evaluate the clarity and impact of visual aids

§         Determine ability of jury to absorb and grasp complex legal and medical

           information, issues

§         Evaluate the impact of closing statements

This research can and should be conducted within the geographic pool from which the jury is drawn.

The information can be gathered in a very timely manner (within days if necessary); over time, it creates a body of knowledge regarding jury pool.