Mock Trials vs. Focus Groups Recently, an esteemed legal secretary who has been in the field for over 35 years asked me what the difference is between a Mock Trial and a Focus Group. “You need to put that on your website,” she said, “if I don’t know the difference, then who does?” Attorneys and legal professionals use the terms interchangeably. As a researcher, I am a stickler and always correcting my attorney friends and colleagues - trying to explain the difference and why it is important. |
Why does it matter?
For researchers it matters because Mock Trials and Focus Groups are two completely different types of research with different assumptions, goals and results. For legal professionals it matters because you should know what you are paying for and what you are getting.
What is the difference?
A Focus Group is qualitative (subjective) research that takes the form of a guided discussion. The goal of a Focus Group is to gain insights and opinions. Traditionally, Focus Groups are used in advertising and market research to test products.
A Mock Trial is quantitative (objective) research that takes the form of a condensed simulated trial. The goal is to attain data that allows researchers to scientifically assess evidence, witnesses and presentations as well as informing case valuation, trial strategy and jury selection.
A Mock Trial is quantitative (objective) research that takes the form of a condensed simulated trial. The goal is to attain data that allows researchers to scientifically assess evidence, witnesses and presentations as well as informing case valuation, trial strategy and jury selection.
What is the right choice for me?
Deciding what type of litigation research is right depends on what you are trying to accomplish – what type of results you are looking to get. An extremely important consideration is reliability and validity. Reliable results are dependable and consistent - this means being able to expect (to a degree of certainty) getting the same result in trial as during research. Valid results are accurate and generalizable - this means the conclusions drawn from research are accurate and can be generalized from mock jurors to the trial jurors.
Mock Trials adhere to principles of the scientific method thereby making results reliable and valid. Eliminating bias is key – this is something that legal professional typically do not think about. The data attained from Mock Trials can be scientifically and statistically analyzed. The results are objective and can be causal, correlative and/or predictive.
Focus Groups are subjective and, by nature, neither reliable nor valid. The legal community tends to place more value on this information than it actually has from a scientific perspective. However, gathering insights and opinions regarding a case or certain issues does make sense in certain circumstances.
Focus Groups tend to be less expensive which is likely why they are sometimes chosen over Mock Trials. Focus Groups are an economical solution, for example, when the goal is to test public opinion or in early phases of the case. When considering the benefit of reliable and valid information, however, in most situations Mock Trials have more value. If you are going to invest the time, effort and money into jury research, it makes sense to ensure that what you are getting is quality information.
I also sometimes recommend Hybrid Research that incorporates aspects of survey, Focus Group and Mock Trial research. This type of research can be designed to increase reliability and validity without all the bells and whistles of a full Mock Trial.
Mock Trials adhere to principles of the scientific method thereby making results reliable and valid. Eliminating bias is key – this is something that legal professional typically do not think about. The data attained from Mock Trials can be scientifically and statistically analyzed. The results are objective and can be causal, correlative and/or predictive.
Focus Groups are subjective and, by nature, neither reliable nor valid. The legal community tends to place more value on this information than it actually has from a scientific perspective. However, gathering insights and opinions regarding a case or certain issues does make sense in certain circumstances.
Focus Groups tend to be less expensive which is likely why they are sometimes chosen over Mock Trials. Focus Groups are an economical solution, for example, when the goal is to test public opinion or in early phases of the case. When considering the benefit of reliable and valid information, however, in most situations Mock Trials have more value. If you are going to invest the time, effort and money into jury research, it makes sense to ensure that what you are getting is quality information.
I also sometimes recommend Hybrid Research that incorporates aspects of survey, Focus Group and Mock Trial research. This type of research can be designed to increase reliability and validity without all the bells and whistles of a full Mock Trial.
Can I do it myself?
You may let your neighbor work on your car, but would you put him on the stand as an expert on mechanical reconstruction? I know quite a bit about the law, but would you recommend I represent myself in a Court case? These are the kinds of things that run through my head when attorneys tell me, “Can’t we just hire a bunch of people from craigslist?” or that they plan to gather their friends and family to test their case issues. While it may appear that simple on face value, any investigation into case issues can only yield quality information if done systematically.
The considerations in designing research are vast and take years of training and education to appreciate. Here are a few:
The considerations in designing research are vast and take years of training and education to appreciate. Here are a few:
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A final consideration in jury research and hiring a consultant is if the consultant has experience in both jury research and litigation. Applying science to the law is a nuanced undertaking. Hiring someone who understands litigation as well as research provides an advantage.
What is the first step?
Call for a complimentary consultation! You will be provided with options from which to choose.