When clients ask us about jury research, one question comes up more than any other: “Should we conduct a mock trial or a focus group?” The answer depends on what you want to learn and where you are in the litigation cycle. Jury research should always be tailored to your goals, and choosing the right format starts with defining what questions you need answered and how you’ll use the findings.
What can be learned in a focus group?
A focus group is a non-adversarial, exploratory conversation among surrogate jurors recruited to provide feedback in a guided discussion. It’s particularly effective early in the discovery and litigation cycle, helping frame witness testimony, case themes, and overall strategy, but can also be used later to test specific issues among the target jury pool.
Participants are typically given short statements or hear an opening or closing argument, then asked for feedback, without receiving formal jury instructions or extensive case background. The proceedings are less formal than a mock trial and are conducted over a shorter time frame. Rather than deliberating, discussions are led by a moderator or attorney, which allows for deeper exploration of jurors’ thinking.
A focus group can help you understand:
- What themes are persuasive for both parties?
- How do jurors respond to key facts or pieces of evidence?
- What questions do jurors have about the case?
- Why do they consider certain facts important, or not?
- What areas of the case do jurors find confusing?
- What attitudes and experiences shape how jurors interpret the information they’re given?
What can be learned in a mock trial?
A mock trial is a simulated trial in which attorneys present the case in a structured courtroom setting. Participants hear opening and closing statements, may hear from witnesses or experts, and may view evidence as it would be presented at trial. Jurors are then divided into smaller groups to deliberate and reach a verdict, including damages or other awards, mirroring the real trial process. After deliberations, participants are debriefed on their decision-making, the themes that resonated, witness credibility, and what factored most into their conclusions.
A mock trial is especially valuable for identifying vulnerabilities in your case and determining how to address weaknesses before you face a real jury. Watching jurors deliberate gives you direct insight into which arguments moved them, and which fell flat. Mock jurors often arrive at unexpected conclusions, and it’s far better to learn that during preparation, when adjustments can still be made.
In consultation with the trial team, Endeavor Business Intelligence develops questionnaires designed to surface key issues and support jury selection. These instruments pair the qualitative insights from deliberations with quantitative data to give you a fuller picture.
Sample questions a mock trial can help answer:
- What are overall reactions to the case?
- How do case themes impact jurors?
- What are juror impressions of witnesses?
- What is the range of damages jurors might award?
- What is the profile of jurors to seek — or avoid — at trial?
- What attitudes and experiences are driving the verdict?
In some situations, rather than a full mock trial, we may recommend a focused “mini-mock,” a condensed format featuring a combined opening/closing for each side before moving directly into deliberations.
Quick Comparison
| Focus Group | Mock Trial | |
| Structure | Moderator/attorney presents elements, issues and themes of the case, and discusses with jurors | Jury simulation: Opening arguments, witness testimonies, evidence, closing arguments, deliberations, panel verdicts, debriefing of jurors |
| Process | Jurors discuss with moderator/attorney the likes, dislikes, themes, and key evidence | Jurors deliberate amongst themselves while being observed then are debriefed regarding what influenced their decisions |
| Methodology | Fully Qualitative | Qualitative + Quantitative hybrid |
| Exploration Tools | Structured discussion guide to conduct the focus group | Questionnaires developed for juror background profiles, opening, closing, witnesses, and post verdict |
| Verdict | Jurors will discuss generally how they feel about the case | Indicative of verdict range |
| Length | 2 to 3 hours | Typically a full day |
| Number of Participants | 8 to 12 | 20 to 36 |
| Outcomes | Discover themes, strengths, weaknesses, and explore how jurors feel about key evidence/arguments | Understand how jurors feel about themes, evidence, witnesses, and key issues that drive jurors’ verdicts; identify “Best” juror demographics for defense and plaintiff |
| Reporting | In-depth summary report based upon the discussion with jurors | In-depth summary report built upon extensive juror questionnaires, deliberations, debriefing, and juror profiles |
Making the decision
Even if you’re moving toward settlement, jury research can give you the leverage you need at the negotiating table. Having tested your arguments against a representative juror group, you can approach negotiations with confidence and your sharpest case.
Ultimately, the best research design is the one that answers the trial team’s most pressing questions. Whether you need a focus group, a mock trial, or a hybrid approach, Endeavor Business Intelligence will work with you to design and execute research that helps you win for your client.
Ready to explore your options? Contact us to discuss which format is right for your case.
