What is the difference between a focus group and a mock trial?


Posted June 17, 2020 by focuslitigation

Focus Litigation Consulting is a national jury research and trial consulting firm with decades of experience assisting attorneys, in-house counsel, insurers, governmental entities, and companies in civil and criminal cases across the country.
 
Both focus groups and mock trials can help you prepare a case before going to trial. The defense team will have the opportunity to learn more about how people react to the case, the evidence or the witnesses. Also, they can test multiple defense strategies, understand how people react and adapt their strategies to get the best outcome. What's more, the defense team can help witnesses prepare for the actual trial.

The advantages of a Miami trial focus group or mock trial are obvious. Multiple defense teams across the country use this type of service as it provides a major advantage during the actual trial. The defense team, together with the litigation strategist in Broward, can better create the right approach to the trial and the right strategy to have a better outcome. But what is the difference between these two legal procedures? What should you choose to use – a focus group or a mock trial? Let's take a closer look:

What is a focus group and when are they used?

Focus groups are groups of people selected or recruited specifically for providing feedback. They are already used in marketing, whenever a company launches a new product or service, as an initial way to test the market. In the legal field, focus groups are used to provide feedback to legal proceedings, evidence, witness depositions, or for the opening or closing statements.

A Miami trial focus group should be used mainly during the first stages of a trial when the defense team gathers information and plans the defense strategy. The focus group's participants are asked various questions related to the case, the defendant, and the proceedings. Their attitude, values, and opinions are assessed by the legal team in order to determine how the defense strategy should be planned. Focus groups help you determine the strengths and weaknesses in your defense strategy, evidence, or witness depositions. It's also a great way to test your initial defense strategies and adapt them before reaching the actual trial. You can gather important information about what type of presentation to choose, how to explain facts, present evidence, and interview witnesses.

What is a mock trial and when should it be used?

Mock trials are quite similar to focus groups, but there is an important differentiating aspect – they are “practice” trials, often organized before the actual trial. They are set in simulated courtrooms, with people acting as attorneys or other court staff members. Mock trials are more formal than focus groups and are very effective for trial preparation.

Mock trials are often used by defense teams because they create an almost real courtroom atmosphere. This makes it easier for legal teams to get more experience. For instance, less practiced trial attorneys can use mock trials to hone their skills and become better litigators. They can get excellent feedback about their professional and presentation skills. Mock trials should be organized by a professional litigation strategist in Broward, in order to create the right courtroom atmosphere. This is a critical aspect, especially if the case is important and there are multiple witnesses involved.

Mock trials are not designed to predict the outcome of an actual trial. They are designed to help defense teams create a better defense strategy, assess strengths and weaknesses, and prepare your case. Mock trials are very helpful for witnesses – they can better understand how an actual trial takes place, the proceedings, the questions, and how to provide the best answers. Mock trials are often videotaped, providing an excellent opportunity to review, critique, and improve the presentation.

Mock trials are also good ways to understand how people, especially jurors, think. You will better understand their decisions, what's important and what's not in a trial, and how the decisions are made. Mock jurors provide excellent feedback, simply because they don't know the case and all the information is new. This fresh perspective can help the defense team a lot, before the actual trial.

Focus groups vs. mock trials

Obviously, focus groups and mock trials can be used together to prepare your case. This will bring you all the benefits you can get from both proceedings. However, it's important to understand the differences between a focus group and a mock trial. Here's what you need to know:

- mock trials are more formal – mock trials are more complex, more formal and last longer; mock trials follow strict legal procedures – and every party is involved – a mock judge, mock jurors, mock attorneys and so on; evidence will be presented, similarly to a real trial; witnesses will be present as well; focus groups, on the other hand, are more informal, and consist of a small group of people who will provide feedback about the case;

- mock trials include a lot of people – most mock trials will include 30 to 50 people and are organized in a room that is designed to mimic a real courtroom; on the other hand, a Miami trial focus group consists of 8 to 12 participants, and can be hosted in a simple meeting room;

- the topics discussed are different – participants discuss different topics when being part of a mock trial vs. a Miami trial focus group; the topics discussed in a focus group are more general and neutral; only a few questions are directly focused on the case, or certain pieces of evidence; only a general outlook of the case is presented to the participant; the feedback is a major benefit, but it's not very specific and direct; on the other hand, mock trials are highly specialized and discuss legal topics similarly to a real trial; witnesses, evidence and specific information are presented and discussed in-depth; in mock trials, participants are asked to behave and act as jurors, and pay special attention to the information;

- mock trials are must be professionally planned – you will need someone who can properly plan a mock trial; only work with good litigation strategists in Broward if you want to organize the best mock trial.

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Issued By Focus Litigation Consulting
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Business Address 4000 Ponce De Leon Blvd. Suite 470
Miami, FL, 33146
Country United States
Categories Law
Tags litigation strategists in broward , miami trial focus group
Last Updated June 17, 2020