group of people sitting in a row of chairs acting as a mock jury

How a Mock Jury Focus Group Helps Attorneys Test Case Strength

Winning a case requires more than just knowing the law. It’s also about convincing a jury. Attorneys spend months preparing legal arguments, but if jurors don’t understand or connect with the case, the verdict may not go as planned. A mock jury focus group helps attorneys see how real people react before stepping into the courtroom. It reveals which arguments work, what confuses jurors, and where adjustments are needed. Instead of guessing how a jury might respond, lawyers get direct feedback, allowing them to fine-tune their case for the best possible outcome.

Understanding How Jurors Think

Jurors do not analyze cases like lawyers. They rely on common sense, personal experiences, and emotional responses. A mock jury focus group helps attorneys understand what matters to jurors, which legal arguments they grasp easily, and what confuses them. For example, if jurors find a witness untrustworthy based on their demeanor rather than their testimony, an attorney knows to address that issue. If jurors dismiss technical evidence because it seems too complex, the lawyer can simplify explanations. Seeing how people react before trial allows attorneys to adjust their approach.

Testing Case Themes and Arguments

Attorneys often enter trial with key themes they believe will persuade a jury. A mock jury focus group tests those themes in a real-world setting. If jurors react positively to a particular argument, it becomes a central part of the case. If they ignore or reject it, the attorney knows to adjust their strategy. Mock juries also help identify arguments that opponents might use effectively. If jurors express concerns about the client’s credibility or question the fairness of a claim, those issues need attention before trial.

Evaluating Witness Effectiveness

A strong witness can make or break a case. A mock jury focus group gives attorneys a chance to see how jurors react to witnesses before they take the stand. If a key witness appears nervous or unconvincing, the attorney can provide coaching. If a witness is too aggressive, they can work on softening their approach. Jurors pay attention to more than just words. Body language, tone, and confidence all play a role in how testimony is received. By testing witness credibility and impact beforehand, attorneys ensure that key testimony strengthens rather than weakens their case.

Assessing Jury Biases and Preconceived Notions

Jurors bring their own experiences and beliefs into the courtroom. Some may have strong opinions about certain industries, professions, or legal claims. A mock jury focus group helps attorneys spot potential biases that could influence a verdict. For example, in a medical malpractice case, jurors may naturally sympathize with doctors or, conversely, distrust the healthcare system. Knowing this in advance allows attorneys to adjust their jury selection strategy.

Fine-Tuning Settlement Strategies

Not every case goes to trial. A mock jury focus group also helps attorneys determine whether a settlement makes sense. If mock jurors overwhelmingly side with the opposing party, a lawyer may push for a settlement rather than risk a bad verdict. If jurors show strong support for their client’s case, the attorney gains leverage in negotiations. Seeing how jurors value damages is also useful. If mock jurors award higher-than-expected damages, attorneys may push for a larger settlement. If they award less than anticipated, it may signal the need to strengthen the case before presenting it to a real jury.

Real Jury Reactions Matter More Than Legal Theory

Legal arguments mean nothing if a jury does not accept them. A mock jury focus group allows attorneys to see how real people react rather than relying on legal theory alone. Even well-prepared cases can fall apart if jurors do not find the arguments persuasive. Testing a case before trial eliminates guesswork. Without this process, lawyers may enter trial with blind spots. A weak argument may go unchallenged until it is too late. A strong witness may not get the preparation they need. Jury biases may remain undiscovered until they affect the verdict. A mock jury focus group prevents these mistakes.

Get Reliable Jury Feedback with Magna Legal Services

Waiting until trial to see how jurors react is a risk most attorneys can’t afford to take. Magna Legal Services provides mock jury focus groups that help you refine your case strategy, strengthen key arguments, and prepare witnesses for maximum impact. With real jury feedback, you gain the advantage of knowing how your case will be received before stepping into the courtroom. Contact Magna Legal Services today to put your case to the test and gain the competitive edge you need.

jury consultant talking with lawyers sitting around a conference table

How Hiring a Jury Consultant Can Strengthen Your Trial Strategy

A strong case isn’t just about evidence and legal arguments. Jurors bring their own experiences, biases, and emotions into the courtroom. A jury consultant helps attorneys shape their trial strategy by analyzing juror behavior, testing case themes, and preparing witnesses to connect with the jury. The right preparation can mean the difference between winning and losing.

Jury Selection: Identifying the Right Jurors

Every trial starts with jury selection, and picking the right jurors is critical. A jury consultant helps attorneys develop voir dire questions that uncover biases, ensuring that the panel is fair and receptive to the case. Through juror profiling and pre-trial research, attorneys gain valuable information about potential jurors’ backgrounds, beliefs, and attitudes. Mock voir dire sessions allow attorneys to practice questioning techniques, helping them identify which jurors may favor their case and which ones may be a challenge. With this insight, attorneys can use peremptory challenges and cause strikes strategically. A well-selected jury lays the foundation for a persuasive trial.

Voir Dire and Jury Selection Consulting

Online Jury Research: Testing Case Strength Before Trial

Attorneys no longer have to wait until trial to see how jurors might react to their case. Online jury research provides early feedback by presenting case arguments, witness testimony, and evidence to a panel of mock jurors. Jury consultants analyze responses to identify strengths and weaknesses in the case. This research helps attorneys refine their themes, adjust their presentation, and anticipate potential juror concerns. The ability to test strategies in a controlled environment reduces surprises at trial.

Online Focus Groups & JuryConfirm

Mock Trials and Focus Groups: Refining Trial Strategy

view from the back of a room during a mock jury interview

A courtroom is not the place to test a case for the first time. Mock trials and focus groups provide a realistic preview of how jurors will react. These sessions simulate real trial conditions, allowing attorneys to present evidence, examine witnesses, and deliver arguments in front of a test jury. Jury consultants facilitate these exercises and gather feedback on juror reactions. They pinpoint which arguments resonate, which witnesses are persuasive, and where opposing counsel may exploit weaknesses. By addressing these issues before trial, attorneys gain a competitive advantage.

Traditional In-Person Focus Groups & Mock Trials

Juror Profiling: Understanding Who Sits on the Jury

Not all jurors react the same way to a case. Demographics, personal experiences, and attitudes toward the legal system all influence decision-making. Jury consultants conduct research to profile potential jurors, helping attorneys recognize favorable and unfavorable traits. By analyzing patterns in verdicts and juror decision-making, attorneys can refine their jury selection strategy. A well-prepared attorney knows who to keep, who to strike, and how to frame arguments in a way that resonates with the panel.

Juror Profiling Studies

Community Attitude Studies: Gauging Public Opinion

Some cases attract strong opinions before they even reach the courtroom. Community attitude studies help attorneys understand local sentiment about a case, industry, or legal issue. Jury consultants survey potential jury pools to uncover biases and prevailing beliefs. Attorneys use this research to adjust trial strategy, jury selection criteria, and case messaging. Knowing how the community thinks about a case topic helps attorneys position their arguments in a way that feels credible and fair.

Community Attitude & Perception Studies

Witness Preparation: Strengthening Testimony

A strong case can fall apart if a key witness stumbles under pressure. Witness preparation ensures that testimony is clear, confident, and credible. Jury consultants work with witnesses to refine their communication style, control body language, and respond effectively to cross-examination. Attorneys can also test different ways to frame a witness’s testimony so that jurors find them relatable and trustworthy. Whether it’s an expert witness explaining technical concepts or a lay witness recounting an event, the way testimony is delivered affects how jurors interpret it.

Witness Preparation

Shadow Juries: Monitoring Juror Reactions in Real-Time

lawyer standing up in a court room speaking to the jury while a shadow jury listens

During trial, it’s difficult to know what jurors are thinking. A shadow jury—composed of individuals who match the real jury’s demographics and attitudes—provides daily feedback on how arguments, evidence, and witness testimony are landing. Jury consultants manage shadow juries, analyzing their responses and delivering daily reports to attorneys. This allows legal teams to adjust their strategy, refine their arguments, and respond to concerns before jurors deliberate.

Shadow Jury Studies

In-Court Trial Monitoring: Adapting as the Case Unfolds

Trials don’t always go as planned. Jury consultants observe courtroom dynamics and monitor juror reactions in real-time. This helps attorneys make adjustments during the trial by shifting arguments, modifying questioning techniques, or addressing issues they may not have noticed. By tracking which themes resonate and which fall flat, attorneys can refine their approach as the case progresses. This flexibility can be the difference between a strong closing argument and one that leaves jurors uncertain.

In-Court Trial Monitoring & Assistance

Post-Trial Analysis: Learning from the Verdict

woman looking at a computer screen of a virtual meeting for a post-trial jury interview

Winning a case is important, but understanding how jurors reached their verdict is just as valuable. Post-trial juror interviews provide insight into what influenced the jury’s decision. Jury consultants conduct these interviews to help attorneys understand what worked, what didn’t, and how to improve future trial strategies. Attorneys can use this feedback for future cases, refining their voir dire questions, witness preparation, and case presentation. Even when a verdict doesn’t go as expected, post-trial analysis helps legal teams improve their approach moving forward.

Post-Trial Juror Interviews

Give Your Case the Advantage It Needs

Trials are unpredictable, but preparation reduces risk. A jury consultant helps attorneys strengthen every phase of their case, from jury selection to closing arguments. By testing strategies, analyzing juror behavior, and refining trial presentations, attorneys improve their chances of securing a favorable verdict. Magna Legal Services provides the expertise attorneys need to gain a competitive edge. Our experienced jury consultants use a multi-phase jury research method to ensure the statistical reliability and robustness of our findings. Contact us today for a free case consultation and to discuss how jury consulting can make the difference in your next trial.

a women being interviewed for jury selection to detect jury bias

6 Ways To Prevent Jury Bias In Your Trial

Jury bias can lead to unfair verdicts based on personal beliefs rather than the facts. Even jurors who seem neutral may have unconscious biases that shape their decisions. Attorneys must take steps to identify and manage these biases before and during trial. Failing to do so can put a case at risk. Here’s how to prevent jury bias in your trial.

1. Conduct Thorough Jury Selection (Voir Dire)

Ask the Right Questions

Voir dire gives attorneys the chance to uncover jury bias before the trial begins. To do this effectively, ask case-specific questions that go beyond basic demographics. A juror’s stance on law enforcement, corporate responsibility, or medical malpractice can influence their judgment.

Encourage Honest Responses

Jurors may hesitate to admit personal biases, especially in a courtroom setting. Make voir dire feel like a conversation rather than an interrogation. When jurors feel comfortable, they’re more likely to share honest opinions.

Use Open-Ended Questions

Avoid questions that lead to yes-or-no answers. Instead of asking, “Can you be fair?” ask, “How do you define fairness in a case like this?” Responses to open-ended questions reveal more about a juror’s thinking and potential biases.

2. Use Social Media and Background Research

Identify Hidden Biases

Jurors may not always disclose personal views in court, but their online activity often tells a different story. Social media, blog posts, and public comments can reveal opinions on topics relevant to the case.

Check Public Posts and Affiliations

A juror’s memberships, shared articles, or past statements can provide clues about their viewpoints. If a case involves corporate negligence, an individual who frequently posts anti-corporate opinions might struggle to remain neutral.

Avoid Ethical Pitfalls

Attorneys should follow all legal and ethical guidelines when researching jurors online. Courts have rules about how attorneys and their teams can gather this information. Improper research methods can create legal issues and damage credibility.

3. Challenge Biased Jurors with Peremptory Strikes and Challenges for Cause

Know When to Use Challenges for Cause

If a juror openly admits bias, an attorney can request their removal. Courts grant these challenges when a juror’s views could prevent them from deciding the case based solely on evidence.

Use Peremptory Strikes Strategically

Attorneys can remove jurors without giving a reason, but there are limits. Striking jurors based on race, gender, or other protected categories is not allowed. Use peremptory strikes to eliminate jurors who show subtle signs of bias, even if they don’t openly admit it.

Watch for Patterns in Juror Behavior

Body language, tone of voice, and facial expressions can hint at bias. A juror who avoids eye contact when discussing certain topics may hold unspoken views that could affect their judgment.

4. Educate Jurors on Implicit Bias

Explain Bias Without Accusations

Many jurors don’t realize their own biases. Instead of confronting them directly, frame the discussion in a neutral way. Explain that bias is a natural human tendency and that the goal is to focus only on the evidence.

Use Expert Testimony if Necessary

Bias experts can help jurors recognize their own thought patterns. When a case involves sensitive topics, expert testimony on unconscious bias can help jurors make fairer decisions.

Provide Clear Jury Instructions

Judges should give jurors clear instructions about setting aside personal opinions. Written instructions and verbal reinforcement can help ensure that jurors stay focused on the facts.

5. Monitor Jury Behavior During Trial

Observe Juror Reactions

Jurors who appear disengaged or overly reactive to certain evidence may already have a leaning. Watch for changes in facial expressions, note-taking habits, and overall attentiveness.

Request Judicial Intervention if Needed

If a juror’s behavior suggests bias, attorneys can ask the judge to address it. In some cases, the court may issue a reminder about impartiality or, in serious situations, dismiss the juror.

Consider a Mistrial in Extreme Cases

If jury bias becomes obvious and affects the fairness of the trial, requesting a mistrial may be necessary. This is a last resort, but it can prevent an unjust outcome.

6. Leverage Jury Bias Analysis Tools like JuryScout

What is JuryScout?

JuryScout, a service from Magna Legal Services, helps attorneys uncover potential biases through digital research. By analyzing jurors’ public online activity, it provides a clearer picture of their views and potential leanings. Some biases are easy to hide in court but become clear online.

How It Helps Your Case

JuryScout finds patterns in jurors’ public statements, helping attorneys make better-informed jury selection decisions. Eliminating biased jurors from the start reduces the risk of unfair decisions. JuryScout provides attorneys with valuable insights before seating a jury, making it easier to ensure a fair trial.

Take Control of Jury Bias Before It Hurts Your Case

Jury bias can shape verdicts before the first witness even takes the stand. Waiting until the trial begins to address it is too late. Magna Legal Services offers the tools and expertise to help attorneys identify, challenge, and eliminate biased jurors. Contact us today to learn how we can strengthen your case by ensuring a fair and impartial jury.

Jury Consulting for High-Value Cases

Preventing Nuclear Verdicts with Jury Consulting

When your case has millions on the line, jury consulting can be instrumental in preventing your case from exploding.

What are some factors which can cause a nuclear verdict?

  • A case that makes jurors upset – either fearful, angry, or both
  • Highly sympathetic plaintiffs, or an entire family
  • A case involving gruesome injuries (such as burns) or particularly sensitive injuries – physical or mental/emotional
  • Bad company documents, internal memos
  • Bad optics surrounding company conduct
  • The appearance that a corporate defendant does not prioritize safety or puts profits over people
  • Evidence that a company violated its own policies

What does a Jury Consultant do?

A jury consultant assists parties during all phases of litigation to ensure they are presenting the most effective, compelling position possible given the available evidence and witnesses and considering the eventual audience – the jury.

Jury Consulting & Research Exercises for
High-Value Cases

A jury comes with a set of opinions, biases and prior knowledge of the parties that will no doubt influence their conclusions, even if they are advised to put those notions to the side.

The trial team must build their case strategy and construct their arguments with their audience in mind.

Early-Intervention Jury Research

Early-intervention jury research will answer:

  1. Where do we stand?
  2. What are the strengths and weaknesses of our position as well as our adversary’s position?
  3. How do we need to develop the case and build out our narrative?

These early-intervention exercises will take place during (and even pre-) discovery. They can include:

Witness Preparation

Witness training prior to key depositions as well as in preparation for trial is crucial to keep the case contained.

Prepare your key witnesses prior to their depositions to make sure they stay on message, remain faithful to their side of the story, and not fall prey to reptile tactics.

Preparing for Trial

When discovery is nearing an end or is closed, the trial team will benefit from more adversarial testing such as single or multi-day mock trials (online or in-person).

During the trial, Magna’s consultants can assist the trial team with:

  • Voir Dire & Jury Selection Consulting
  • JuryScout: prospective juror background and social media searches
  • Shadow Jury
  • Trial Monitoring & Consulting
  • Witness Preparation

Getting Started

Our experienced jury consultants use a multi-phase jury research methodology to ensure the statistical reliability and robustness of our findings

Request a free case consultation with Magna today to see how we can assist you in providing the best possible representation for your clients.

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Modern Jury Research Technology: Online Solutions for Increased Reliability & Convenience

Both modern and traditional jury consulting practices can help attorneys gain insight into how jurors are likely to respond to case facts before entering the courtroom. However, powerful advances in technology make jury research more statistically reliable, easier to conduct and more cost-effective than ever before.

In this article, we’ll break down how modern jury consulting services work and how they may benefit you ahead of your next big trial date. 


Benefits of Using Modern Jury Consulting Technology

Advanced technology in jury research increases the reliability and understanding associated with potential juror decisions. 

These solutions offer huge benefits when dealing with complex, high-value cases, so it is imperative attorneys understand every tool at their disposal. 

Benefits include:

  • Larger data pools
  • Increased statistical reliability
  • Robust findings
  • Convenient & time-efficient sessions
  • Quick turnaround of analysis
  • Cost-effective
  • Real-time polling
  • & more

Advanced Data Analysis with Modern Jury Research Solutions

With modern jury research, attorneys are able to access larger pools of data for analysis with increased convenience and efficiency.

This benefits legal teams looking to:

  • Gauge a reliable range of potential damages if the case went to a jury trial
  • Test themes, storylines & venue climate in order to prepare the most effective trial strategy
  • Use jurors’ social media & online activity backgrounds to discover potential biases & past experiences during jury selection and throughout the trial

A standard trial jury comprises individuals with diverse backgrounds and views, most without legal expertise. As such, they can be unpredictable. Technical consulting solutions provide a wide range of insights at every stage of the trial process. 


Online Tools for Reliable Jury Research

There are several solutions that offer powerful insight into potential jury outcomes ahead of an important trial date:

Online Focus Groups & Mock Trials with JuryConfirm

Featuring Evidence Analyzer Powered by AI

JuryConfirm is a highly comprehensive virtual jury research platform. Attorneys present their cases to jurors in their trial venue. Jurors then deliberate at length in the virtual courtroom, displaying their video feeds to preserve the ability to read emotions & body language. The Evidence Analyzer uses AI technology to assess juror reactions and provide related insights on your case presentation. 

Evidence Analyzer Powered by AI
Automatically takes notes & monitors jurors reactions & feedback to the presentations

Live Attorney Presentations with Limitless Capabilities
Display & annotate exhibits, videos & other visual aids in real-time

Simulated Courtroom Environment
Interactive juror profiles & live video feed of juror deliberations and attorney presentations

Real-Time Results
Fully customized questionnaires, polling & presentation feedback

Detailed Reporting
Featuring strategic recommendations and key take-aways

This comprehensive, technologically advanced framework provides all the benefits of both remote and in-person mock trials. 

Damages Assessment with JuryEvaluator

Magna’s patent-pending case valuation tool, JuryEvaluator®, offers a scientific and statistically significant damages assessment for your actual case from your actual jury pool.

This research considers the effect of current media climate to provide insight into your case risk, exposure & value.

  • Research conducted in your case venue using your actual case facts
  • Research captures present-day surrogate juror attitudes and biases
  • Statistical analyses provide a reliable range of potential damages if the case went to a jury trial (economic, non-economic & punitive)

Damages Assessment Report includes:

  • Methodology & Respondent Demographics
  • Juror Questionnaire Responses
  • Jury Simulation Data Analyses: Traditional & Pro-Plaintiff
  • Case Script
  • Juror Open-Ended Responses & Analysis with Key Takeaways
  • Damages Analysis & Allocation of Fault

Social Media Surveillance for Jurors with JuryScout

Interpret a juror’s or potential juror’s online activity to discover any past experiences or biases which can affect their perception of your case with JuryScout.

JuryScout uses include:

  • Jury Selection:
    As courts are limiting access to jurors during jury selection, online activity reports can provide additional information to show past experiences, political and religious affiliations & more.
  • Predicting Juror Behavior:
    By creating a personalized matrix of information for each potential juror, JuryScout provides insight into whether a juror has attributes that lead to bias.
  • Post-Verdict:
    Here’s an example: Following an unfavorable verdict on a high-profile case, JuryScout found cached information which located four jurors who violated the court’s instructions. Counsel was able to use this information as part of the appeal.

Which Jury Consulting Method is Right for Your Case?

Be confident in knowing how a jury is likely to approach your case.

Magna Legal Services offers a full array
of litigation consulting services, including risk assessment & strategic recommendations.

Our experienced jury consultants use a multi-phase jury research methodology to ensure the statistical reliability and robustness of our findings

Request a free case consultation with Magna today to see how we can assist you in providing the best possible representation for your clients.

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Jury Consulting Frequently Asked Questions

Jury Consulting & Research FAQs

How do I know my mock jury pool is going to be representative of my actual jury pool?

Magna bases all recruiting demographic quotas on the most up-to-date census information.  We make every effort to ensure that the jurors we recruit are representative of the trial venue overall.  We also take the length and type of case into consideration to help ensure our mock jurors’ demographics align with the likely jury pool.

How do you protect the confidentiality of my case?

Across all research designs, mock jurors are never exposed to any case information without first having signed & acknowledged confidentiality and non-disclosure agreements.  All participants are also screened for any knowledge they may have of the case or parties/individuals involved.  If additional levels of confidentiality are needed, we can change identifying information of those involved.

How much time on my end is needed for jury research?

It depends on the type of research you’re interested in.  We have options that will require as little as a couple hours of your time and others that are more involved and are excellent preparation for trial.  Discuss with us about the various research options as well as how hands-on you would like to be, or any time constraints you have!

Why can’t focus groups reliably predict damage amounts?

Because of the small sample size, damages’ estimates gained from focus groups are not predictive of what will happen at trial. However, focus groups can still gather valuable information about juror attitudes or certain issues that may increase a jury’s desire to award damages.

Why is it important to have a rigorous research design for your jury research project? 

When conducted properly, jury research provides the foundation for case strategy, issue development, and the formation of the juror profiles that will guide jury selection. The integrity of the jury research design, including the representativeness of the mock jurors, determines the reliability and validity of the research’s conclusions. Using quality research design, we can confidently distill the research findings into reliable, clear, and concise recommendations for the client.

Which jury research method is right for my case?

A consultant can help determine which jury research method (or combination) is right for your case. Types of jury research include:


Here are the comparisons and differences between JuryEvaluator, JuryConfirm and traditional focus groups:

JuryEvaluator®

  • Online survey tool focused on damages assessment. Magna drafts Case Summary script for team approval
  • Typically 100 jurors respond to description of case over 3-week data collection phase
  • Monte Carlo simulation of multiple jury verdicts
  • Baseline determination of exposure/risk
  • Report provides verdict range and mean, liability and damage preferences, damages analysis and key takeaways

JuryConfirm®

  • Online mock trial designed to test themes and arguments, liability and damages
  • Attorney case presentations via webcam, using evidence slides and video excerpts
  • Typically 1 to 4 panels of mock jurors recruited from venue for half-day exercise
  • Real-time deliberation discussions and case verdicts from recruited jurors
  • Executive Summary Reports provides key findings, thematic points and recommendations

Focus Group

  • Traditional in-person jury research conducted in-venue
  • Full attorney presentations
  • Typically 2 to 4 panels of mock jurors recruited from venue for full research day
  • Full in-person deliberation to verdict and moderated questions viewed via one-way mirror or CCTV
  • Comprehensive Report of findings and strategic recommendations

Does Magna have any statistics/data that measures the success of using jury focus groups or mock trials? 

The majority of cases Magna consults on end up settling after the jury research, but of course, some do proceed to trial. In terms of measuring the consistency between mock trial results versus ultimate jury verdicts, we do not have clear statistics because they are not comparing apples to apples.

For example, if the results of a mock trial are not in our client’s favor, the team can re-strategize to address the mock jurors’ concerns in hopes that the case is perceived more favorably by the actual trial jury. This creates an inconsistent result, but in the way we’d hope.

There are also so many unpredictable elements to a trial (witness performance, judge’s rulings, opposing counsel’s style, the particular jurors seated) that we cannot control for or represent in a mock trial, and those elements can have a significant impact on the way the trial jury views a case compared to the manner in which a mock jury perceived it. So again, inconsistencies between mock jury verdicts and trial verdicts can often be chalked up to the volatile nature of trials in general.

For those reasons, the results of a mock trial are not meant to be a crystal ball or 100% predictive of what will happen at trial. Rather, the feedback gleaned from jurors at a mock trial is meant to inform you as to how jurors approach the case – what issues they find important/focus on, what themes and storyline they latch onto and what strengths/weaknesses they identify in each party’s case. This information allows the client to address those case weaknesses and play up the strengths.

All that being said, more often than not, the trial jury verdicts in cases on which we have consulted are consistent with our mock jury verdicts. We have also found that the feedback from mock jurors is almost always consistent with feedback from the actual trial jury through post-trial juror interviews, as well as with shadow jurors, who are mock jurors that observe the trial proceedings and are interviewed at the end of each day. Our shadow jurors typically focus on the same issues that our pre-trial mock jurors focused on during a mock trial, which gives us confidence that jurors’ reactions at a mock are going to be pretty consistent with the reactions of jurors who actually observe the trial, even factoring in some margin for error/differences due to the unpredictability of the trial proceedings.

I wasn’t going to share my presentation with my colleague because I don’t want them to see what I am presenting ahead of time, is this ok?

We prefer you do share because this is jury research, not trial.  Sharing the presentations ensures that each of the plaintiff’s claims are answered by the defense, which enables us to test the strength of each side’s evidence.  Jury research is less about winning and losing and more about learning which points are most salient to jurors so the trial team can make any necessary course corrections before trial.

Why is the recruitment process of mock jurors a crucial component to jury research?

Confidence in the sampling process brings confidence in the findings and recommendations that emerge from the research. The mock juror recruitment process is just as if not more important than a post-trial juror interview.

The cost of locating, screening, and providing a per diem for research participants varies widely across projects. Magna takes pride in our scientifically reliable recruiting processes, compared to many other consultants who cut costs by using Craigslist, newspaper ads, or local temp agencies to locate research participants. Others also rely on “professional” mock jurors who routinely participate in research projects to supplement their income or even use other attorneys in their office. These cheaper alternatives result in research participants who may give the appearance of being a representative sample, but who are not a match with the experiences, attitudes, and demographic characteristics of jurors in the venire. The money you save on the research project may end up costing the client in the end.

Matching the necessary demographic, political, social, and economic characteristics of the community where the trial will be held with the mock jurors is essential. Magna consultants begin every engagement with an analysis of the venue that later informs our recruiting strategy. To recruit a representative sample, a consultant must know the attributes of likely trial jurors and develop procedures for recruiting mock jurors who possess those characteristics. The reliability and validity of juror profiles that are a product of the research is dependent on the quality of the research sample.


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Using Social Media Surveillance to Support Your Case

Litigation Support: Social Media & Online Activity Monitoring

There are 2 main ways social media surveillance can help your case:

  1. Using a claimant’s, plaintiff’s, defendant’s, witness’ or expert witness’ online activity to determine how it meshes with his or her statements
  2. Interpreting a juror’s or potential juror’s online activity to discover any past experiences or biases which can affect their perception of your case.

Let’s look at the facts:

  • Utilizing social media surveillance is more beneficial now more than ever – the pandemic had more people spending time online for socializing, work, school and virtual events.
  • Approximately 72 percent of U.S. adults use some form of social media, making online platforms a great source of information to use during discovery, jury selection and throughout trial.
  • Between the recent election, shift in the economy, social justice movements and debates surrounding the pandemic, a person’s online activity can give you the insight you need concerning their views and any biases they might have.

What Is Social Media Surveillance?

            Social media surveillance is the process of collecting and interpreting information gathered from online platforms. This can be used to see the type of content someone posts or interacts with before, during and after a lawsuit or investigation. Social media surveillance can be used to see if the information a subject shares in court, aligns with the content they post on online platforms.

Online Activity Reports

Social media surveillance services such as Magna’s ClaimScout & JuryScout will gather information and compile detailed reports to obtain case evidence and/or enhance your trial strategy. Magna will also monitor the subject’s online activity throughout the duration of the trial and post-verdict.

ClaimScout & JuryScout Monitor:

  • Facebook, Instagram and other social networks
  • Blogs and journals
  • Online communities
  • Twitter and other microblogs
  • Message boards
  • Digg, Reddit and other social news sites
  • Business networks
  • Personal websites
  • & much more

Social Media Surveillance for Claimants (ClaimScout)

Scout out whether a claimant, plaintiff, defendant or witness is telling the truth about their claim. ClaimScout can be your online eyes and ears. Using our proprietary methodology, Magna can monitor a person’s internet activity to determine how it meshes with his/her claim.

Online activity reports help trial attorneys determine how the claims made in a case align with the subject’s online behavior and social media presence.

Social Media Surveillance for Jurors (JuryScout)

  • JuryScout can access information on jurors during jury selection, trial and post-verdict.
  • JuryScout can monitor a juror’s internet activity to ensure they are following court instructions, and also gain valuable insight into their thoughts and activities throughout trial as well as post-verdict.

Jury Selection

As courts are by and large limiting access to jurors during jury selection, social media research can be used as a compliment to traditional jury selection services (such as voir dire questionnaire development and public records searches). Social media information may provide additional information on venire panelists which when compiled, may show political and religious affiliations, biases, and more.

Predicting Juror Behavior

By creating a personalized matrix of information for each potential juror, online activity reports can provide additional insights into whether or not a juror has attributes that lead to bias. Additionally, jurors may be monitored during trial and/or post-verdict to see if they are posting about aspects of the case and/or communicating amongst one another during trial.

Post-Verdict

Here’s an example: Magna was retained post-verdict for a high-profile case involving sexual harassment of an employee. Following an unfavorable verdict, JuryScout was able to go back and look at cached information and located four (4) jurors who violated the court’s instruction not to research or discuss the case. Counsel was able to use this information as part of the appeal.

Social Media Surveillance with Magna Legal Services

Looking to use social media surveillance to support your case? Magna Legal Services’ award winning ClaimScout & JuryScout services are a click away. Click below to get started.

For more information or to request a free case consultation, contact us anytime at 866.624.6221, or email us at [email protected].

Additionally, ClaimScout & JuryScout reports can also include information regarding:

  • Address Summary
  • Others using SSN
  • Date/Locations where SSN Issued
  • Census Data
  • Bankruptcy Indicator
  • Property Indicator
  • Corporate Affiliations Indicator
  • Bankruptcy
  • Liens and Judgments
  • UCC Filings
  • People at Work
  • Driver Licenses
  • Vehicle Registrations
  • Property
  • Professional Licenses
  • Voter Registration
  • Hunting/Fishing Permits
  • Concealed Weapons Permits
  • Associates
  • Relatives
  • Neighbors
  • Criminal Records
  • Sexual Offenders
  • Phones

Related Articles:

Online Jury Research: COVID’s Effect on Juror Perspectives & Damages

How the Pandemic Affects Juror Perspectives
… and how to adjust your litigation strategy accordingly

By conducting a series of nationwide surveys, Magna consultants examined COVID-19’s impact on prospective jurors’ attitudes and beliefs. Let’s look at the facts:

In today’s world, many jurors feel the need to be the “guardians of the community” by forcing companies to change their bad behavior with large damage awards. Litigators and those in the insurance industry refer to these as “reptilian jurors“, who are responsible for the increasing frequency of “nuclear verdicts”.

Our research has shown the below trend in recent juror perspectives:

Factors that drive up verdicts include:

  • Juror Vulnerability, Fear, Volatility, & Polarization
  • Rising Costs & Uncertainty of the Future
  • More Millennials on Juries
  • Bad Testimony or Misidentification of Corporate Representatives
  • Anti-Corporate Bias – “Profits over Safety”
  • Not Setting a Floor or Providing a Low Damages Anchor
  • Not Addressing Key Issues/Themes in Jury Selection/Opening

Now more than ever, it is important to know how juror perspectives changed in your specific venue for your specific case issues.

It’s not a question if the pandemic will affect your cases… it’s a question of how it will affect your cases.

In general, many potential jurors now are more vulnerable – both health-wise and financially – than pre-pandemic, which can make people more plaintiff-friendly. However, depending on the venue, the most vulnerable, most risk-averse (i.e., most plaintiff-friendly) may be less likely to show up for jury duty or to be seated on a jury at present.

Luckily, there are some research tools to give you the current data you need to adjust your litigation strategy.

Test Your Damages
with JuryEvaluator

What is your case worth now? JuryEvaluator offers a scientific and statistically significant damages assessment for your ACTUAL CASE from your ACTUAL JURY POOL. This research will consider the effect of COVID-19 and current media climate, to provide insight into your case risk, exposure and value.

  • Research conducted in your case venue using your actual case facts
  • Research captures present-day surrogate juror attitudes and biases
  • Statistical analyses provide a reliable range of potential damages if the case went to a jury trial (economic, non-economic & punitive)
  • Optional Juror Profiling analysis

Online Focus Groups
with JuryConfirm

How has COVID impacted juror perspectives in your venue? Test your themes, storylines, social climate & more with JuryConfirm, Magna’s patented online focus group platform.

  • Evidence analyzer powered by AI
  • Live attorney presentations with limitless capabilities
  • Simulation of court room environment with interactive avatars and live video feed of jurors and attorneys
  • Live (video) juror deliberations with more panels than ever available before
  • Real-time results: Fully-customized questionnaires, polling & presentation feedback
  • Detailed reports featuring case evaluation, theme development, and jury profi­les

Nationwide COVID-19 Study Results

Magna Legal Services conducted a series of nationwide surveys to assess evolving changes and shifts in juror perceptions in this brave new world.

Study includes 5,000 respondents
& 100+ questions about:

  • Technology
  • Finance
  • Law Enforcement
  • Insurance
  • Life Sciences

Learn about our findings:

  • Halo effect
  • Business Interruption Coverage
  • Reptilian Influence
  • Crisis Fatigue
  • Juror Vulnerability

Complete the form to download your FREE copy of Magna’s COVID Study results >>

Contact our 24/7 Hotline for a FREE Case Consultation: 877.220.1821

or, email us at [email protected], or fill out our contact form

Related Articles:

Analyzing & Monetizing Construction Defect Claims

Virtually all construction or property related decisions should be made with costs in mind. But some people are afraid of math.

Regardless of whether you’re an attorney, insurance professional, property owner, or manager, you need to be able to focus on the “vital few” issues, and virtually ignore the “trivial many.” This means knowing how much things cost – not to the penny, but rather a reasonable approximation. The best place to start, when working to make smart economic decisions, is on the BIG expensive issues. You begin by chopping a project into logical parts, and estimating the cost of those chunks, so you can see the forest AND the trees. The earlier in the process you do this, the better.

Magna Legal Services hosted a webinar on January 27, 2021 (recording below), which featured expert panelists explaining the framework behind analyzing and monetizing construction defect claims.

“There’s a lot of parties involved [in a construction defect case]. You have to understand the structure and you have to speak the language… whether it’s the folks on the ground or in the board room, you have to be able to do both,” said Paul Danner of Goldberg Segalla.

Aileen Schwartz of Hill International, Inc. says she makes sure to bring in experts early on to prevent dragging out litigation. “I’ve had cases that were brought in and there were no damages against us. If there are no damages, there is no case”, she said.

If the case ends up going forward, it’s important that it is not a jury trial, Aileen noted, saying “nobody on a jury wants to listen to your construction defect claim. They’re falling asleep. You really need a judge who knows what you’re talking about to hear the cases.”

Every party wants to get the case settled sooner to avoid costly and timely litigation. Magna’s Scott Horwtiz said “Magna’s jury consultants are getting involved more and more on the early side of things to test theories and test themes to see if a small amount of money up front could take care of all of this”.

When preparing your case, organization is key. Pete Fowler explained the importance of starting with “a discreet list of issues — whether its one issue, or hundreds of issues.” In conjunction with the list of issues, Fowler utilizes “a sensible list of costs associated with each issue, and a sensible list of all the people who might be involved with each of those issues.” “It gets to be this big horrible matrix,” he added.

Watch the full webinar recording below to hear our expert panel break down these complex cases.

This webinar originally aired live on 1.27.2021

Webinar details:

Panelists:
Pete Fowler, Founder, Pete Fowler Construction
Scott Horwitz, Esq., National Director of Graphics Consulting & Trial Presentation, Magna Legal Services
Aileen R. Schwartz, Senior VP, Sr. Corporate Counsel US & Privacy Officer, Hill International, Inc.

Moderated by:
Paul S. Danner, Esq., Partner, Goldberg Segalla

Presented by:
Peter Hecht, Partner & Executive Vice President of Sales, Magna Legal Services

Learn more about utilizing trial graphics & tutorials for complex cases here.

Click here to view a list of more upcoming webinars & conferences.