Testing damages before trial

• Author: Jim Wren/Laura Brown
• Pages: 279-300

TESTING DAMAGES

BEFORE TRIAL

12-1

CHAPTER 12

TESTING DAMAGES

BEFORE TRIAL

I. TESTING WITH AND WITHOUT A CONSULTANT

§12:01 Advantages of Jury Testing and a Good Consultant

§12:02 Finding a Good Consultant

§12:03 Stretching Jury Testing Dollars

§12:04 Developing Your Own Moderator

II. USING DIFFERENT FORMS OF JURY TESTING

§12:10 Focus Group Objectives and Strategy

§12:11 Focus Group Limitations

§12:12 Virtual Jury Testing

§12:13 When to Use a Concept Focus Group

§12:14 When to Use a Structured Focus Group

§12:15 When to Use a Mock Trial

III. HANDLING THE LOGISTICAL PLANNING

§12:20 Planning Checklist and Budget

§12:21 Deciding on the Focus Group(s) to Be Conducted

§12:22 Finding the Location

§12:23 Finding and Scheduling the Participants

§12:24 Equipment Needs

§12:25 Arranging for Food and Drinks

§12:26 Preparing Signs

§12:27 Focus Group Forms

§12:28 Follow Up Before the Focus Group

§12:29 Staff‌ing During the Focus Group

§12:30 Follow Up After the Focus Group

IV. CONDUCTING A CONCEPT FOCUS GROUP

§12:40 Identifying Specif‌ic Objectives

§12:41 Preparing the Neutral Statement

§12:42 Conducting the Concept Focus Group

§12:43 Using the Results

§12:44 Using Successive Focus Groups

TESTING DAMAGES

BEFORE TRIAL

Proving Damages to the Jury 12-2

V. CONDUCTING A STRUCTURED FOCUS GROUP

§12:50 Identifying Specif‌ic Objectives

§12:51 Preparing the Presentations for the Two Sides

§12:52 Mock Voir Dire

§12:53 Mock Opening Statement

§12:54 Conducting the Structured Focus Group

§12:55 Using the Results

§12:56 Using Simultaneous or Successive Focus Groups

VI. FORMS & SAMPLES

12-1 Logistical Planning Checklist

12-2 Recruiting Ads

12-3 Screening Questions

12-4 Conf‌irmation Letter/Email

12-5 Conf‌identiality Agreement

12-6 Juror Questionnaire

12-7 Cash Receipt Form

12-8 Follow Up Letter After Group

12-9 Private Feedback Form

12-10 Verdict Form

12-11 Sample Neutral Statement for Concept Group

12-12 Sample Questions During Neutral Statement

12-13 Schedule: One-Case Concept Group

12-14 Schedule: Two-Case Concept Group

12-15 Schedule: Structured Group Without Voir Dire

12-16 Schedule: Structured Group With Voir Dire