Mock Trial and Focus Groups

Understanding how the fact finder reaches a decision

Mock Trials and Focus Groups make up the majority of qualitative jury research done in the Jury Trial Consulting field. Mock Trials typically include attorney presentations to a large group separated into different mock juries for deliberations. Focus groups get groups of representative, jury-eligible participants to react to and discuss evidence, arguments, themes, witnesses, and demonstrative exhibits. Focus groups are led by researchers that often read scripts and facilitate discussion. Tsongas clients can view Mock Trial and Focus Group deliberations and discussions in a closed-circuit room or remotely. Questionnaire data is captured digitally and displayed visually and interactively.

Mock Trial Jury Research

A mock trial research:

  • Tests key evidence, demonstrative exhibits, and witnesses from a juror’s perspective

  • Assesses jurors’ responses to the verdict form questions and jury instructions

  • Evaluates jurors’ decisions on liability, causation, and allocation of responsibility

  • Provides damage calculations and estimates, to assess settlement value and for risk management as well as highlights areas of confusion and where refinement of the narrative is needed

  • Identifies effective themes, ineffective themes and arguments for both sides as well as Illuminates characteristics of high-risk jurors for jury selection

Focus Group Jury Research

A mock trial research:

  • Tests key evidence, demonstrative exhibits, and witnesses from a juror’s perspective

  • Assesses jurors’ responses to the verdict form questions and jury instructions

  • Evaluates jurors’ decisions on liability, causation, and allocation of responsibility

  • Provides damage calculations and estimates, to assess settlement value and for risk management as well as highlights areas of confusion and where refinement of the narrative is needed

  • Identifies effective themes, ineffective themes and arguments for both sides as well as Illuminates characteristics of high-risk jurors for jury selection

Work product

  • Digital copy of case presentations, jury deliberations, and post-verdict interviews

  • Comprehensive written analysis or closed-circuit work product

  • Expert recommendations for strategy refinement, evidence, and argument presentation

  • Summary of mock juror profiles, including social/demographic, experiential, and attitudinal information

Role of counsel

Counsel prepares plaintiff and defense summary defense presentations and, with the assistance of Tsongas Litigation, records them on video or prepares to present to them live. Counsel prepares draft verdict form, jury instruction, and exhibit books. Closed-circuit or remote viewing allows counsel and clients to view deliberations in real-time, and participate in the interview session by submitting questions through the facilitator. After the mock jurors are dismissed, counsel and the research team participate in an interactive, high-energy, post-research strategy session.