How well do you think you know your cases? I don’t mean the deadlines for discovery or the legal rulings by the judge. I mean, how well d...

Over the years, I’ve come to realize that a good majority of attorneys believe that there are only one or two variations of focus groups ...

I was running some focus groups this past weekend on a negligence case where the main issues were causation and damages. Without breaking...

This post is not strategy-related, but as a practical matter, I often run into an issue when working on focus grouping a case that can be...

As advanced as humans are, we are still primitively just mammals belonging to a herd.  Animals and people stay in herds because it provid...

Do you ever feel like jurors decided your case randomly or based on something other than the evidence you presented?  It’s highly probabl...

Deliberations are a scary thing for attorneys.  It’s the time when you have to completely let go of your case and your jurors and hope th...

In my last post, I talked about trusting jurors.  The flip side to that is that you need to be trustworthy.  There are many elements that...

In one of my previous posts, a reader asked about a new theory called Argumentative Theory or Argumentative Reasoning.  I thought it woul...

When you go through law school, socialize with other attorneys, and draft motions directed to attorneys and judges, you can easily lose t...

You’re creating the story of your case for opening and trial.  You have a situation where a business allowed an unsafe condition to exist...

Juror deliberations are complicated dynamic processes.  The whole of the group is greater than the sum of its individual parts.  Often pe...

There are a multitude of ways to run focus groups depending on what you are trying to test.  The most common focus groups are: (1) Concep...

If you’ve ever done a focus group and tracked juror attitudes as the case progresses from plaintiff’s statement through defendant’s state...