What is Jury Insights Online Research?
Generally speaking, jury research is the presentation of a carefully distilled case fact pattern (or other case materials) to a simulated jury panel to observe and evaluate potential jury reaction to a legal case.
Jury Insights Online Research uses modern survey software methodology and the reach of Internet sampling companies to present your case fact pattern to 100 or more mock jurors within or near your case jurisdiction.
Why do Jury Insights Online Research?
Attorneys use Jury Insights Online Research to inform negotiation strategy, while simultaneously preparing for trial should settlement fail.
Jury Insights Online Research can answer almost any question the litigator needs to address to shape negotiation strategy and make an intelligent settlement decision.
Trial, corporate and insurance attorneys all use Jury
Insights Online Research to reality check their cases, and avoid negotiation blunders that could lead to a costly or catastrophic endpoint at an unwelcome trial.
Jury Insights Online Research is a consultant guided process that reliably reflects probable jury responses, using research designs affordable to most case budgets, without making the attorney lose time out of the office.
Who uses Jury Insights Online Research?
All types of litigators use Jury Insights Online Research.
Litigation attorneys, corporate counsel and insurance professionals all want a competitive leg up on how a jury is likely to judge a case.
In the past, the problem has always been how to do useful jury research within a reasonable budget for the value of the information obtained.
Jury Insights Online Research has solved that problem.
Whether your goal is oriented towards maximizing compensation or minimizing risk exposure, Jury Insights Online Research will help you make your best decision regarding when to pursue settlement or when to go to trial. Depending on the stakes of litigation, the information obtained from Jury Insights Online Research could make a difference of hundreds of thousands of dollars in negotiation or trial outcome.
What distinguishes Jury Insights Online Research from competitors?
Jury Insights' Director, Dr. Alan Cohen, personally works with you in the development of your research project goals, structure, questions and materials. Dr. Cohen analyzes the results and provides you with a detailed report of the implications.
Exceptional Track Record
Jury Insights has been the pioneer and leader in modern online jury research.
Jury Insights Online Research uses professional third party sampling companies with an Internet reach to hundreds of thousands of mock jurors across the nation.
Strength in Numbers
Jury Insights Online Research uses 100 or more mock jurors in your research project, allowing you to ignore outliers and get a focused appraisal of the central tendency of the potential jurors, the jurors most likely to make the panel after jury selection dismissals.
Jury Insights Online Research is an exceptional value, delivering more powerful information at a fraction of the cost of in-person conference room or facility based focus groups and mock trials.
Jury Insights Online Research has demonstrated remarkable reliability; in research, reliability refers to the ability to obtain consistent results when a study is repeated using other samples of participants.
Efficiency, Effectiveness and Speed
Jury Insights Online Research offers many advantages to the attorney in delivering a highly efficient, incisive and fast turn-around approach to getting answers reflecting potential jury opinions.
How are the case content materials developed and presented?
Creation of Case Summaries
The attorney provides appropriate case documents and summaries, photos, graphics and other materials from which Dr. Cohen creates a set of PowerPoint slides and slide notes distilling presentations for both sides of the case. From the slides and slide notes, Jury Insights will produce narrated PowerPoint videos that will become part of the research study.
Alternatively, the attorney may provide self created finished video presentations (and receive a substantial fee reduction).
Creation of Study Questions
Dr. Cohen will work with the attorney to develop questions for the voir dire, verdict and post-verdict sections. Many of these questions will be multiple choice, ranking or scale format. Verdict questions may include fill-in the number format for damages and comparative fault. Post-verdict questions may include commentary questions.
Who are the mock jurors?
Who are these jurors and where do they come from? Are these the same types of people who will sit on a jury panel? Will these mock jurors provide valid and reliable responses?
From a scientific approach to random sampling, no mock jury panel, regardless of size, is going to be equivalent to the actual jury panel. An actual jury panel is the result of a progressive filtering process that begins with the partial response to court summons, and continues through hardship, cause and peremptory excusals. One could say that testing the entire jurisdiction would not speak to an accurate representation of the jury panel.
The best approach to mock jury research is to draw upon a relatively large diverse group of mock jurors from the jurisdiction, in terms of demographics, experiences and attitudes.
Jury Insights uses several professional sampling companies that have access to hundreds of thousands of mock jurors around the nation. It is typically not a problem to be able to obtain a full complement of diverse mock jurors from in and around the subject jurisdiction desired.
How will I know if mock jurors are attentive to my case?
Since it is impossible to actually see who is on the other end of a computer, we have developed ways to virtually screen and monitor the behavior of mock jurors.
I am not only concerned about who is participating; I am concerned about how they are participating.
Effectively, we are filtering, screening and monitoring mock jurors in several ways.
- We filter potential mock jurors through the sampling companies’ databases for demographics.
- We filter through a series of eligibility questions within the survey to reconfirm, as best we can, that the sampling company brought appropriate respondents to the survey.
- We dissuade respondents from participating who are not willing to put in the time and effort to do a good job.
- We monitor the quality of the mock juror’s engagement with the process. We monitor time, comprehension, and response quality.
- We monitor the time the mock juror spends on each segment of the project. For example, if a video takes 12 minutes to view, the juror may not advance unless that amount of time has passed.
- We then install quiz questions on the survey page following a content segment to ensure basic levels of comprehension and retention of facts. The questions are not difficult, but the juror is warned that a wrong answer will result in termination.
- Finally, we also monitor fill-in and open-ended commentary questions to make sure that the mock juror has given an adequate response.
How is confidentiality maintained?
We will check to make sure that we perform research for only one party in a litigation.
During participation, each mock juror commits to maintain confidentiality of the information provided in the research project, but in reality, there is no way to ensure mock jurors maintain confidentiality.
If you are concerned about confidentiality of parties, we encourage you to create fictitious names to protect the identity of persons or entities in the case.
Unlike in-person focus groups and mock trials, the mock jurors never know the outcome of your project. Therefore, the results cannot be leaked by participants. You control the confidential information regarding results from the study.
What will the report of results be like?
Jury Insights will provide the attorney with a report of results based on the types of questions asked in the research study.
The results will be communicated in easy to understand charts and tables.
Do the results from the research accurately predict trial outcome?
There is tremendous value in doing Jury Insights Online Research, but the attorney must understand its limitations.
Yes, there have been instances when the results from a Jury Insights Online Research project have been uncannily consistent with trial outcomes.
But Jury Insights Online Research is NOT being presented to you as a trial prediction tool. Jury Insights Online Research can provide you with important INFORMATION, but NOT CERTAINTY.
Jury Insights Online Research is fundamentally an information tool. Research is helpful in forecasting probable jury behavior at trial in a similar way that barometric pressure is helpful in forecasting the weather.
Like a weather report, jury research information is good to have, and should contribute to how you
conduct yourself. However, also like the weather, trial outcome is the end result of the dynamic interaction of many changing uncontrollable, or unknowable, variables. These dynamic variables include law and evidence rulings, witness performance and attorney skill in the heat of battle.
Generally speaking, the quality of information obtained from Jury Insights Online Research is directly related to well-developed case summaries.
How is a Jury Insights Online Research structured?
Each Jury Insights Online Research study is structurally composed of five sections.
In the first section, respondents confirm their jury eligibility, willingness to maintain confidentiality and ability to deal with any sensitive or disturbing content areas. Potential jurors must agree to be willing to work with an appropriate attitude and attentiveness, and are cautioned that the project will have internal measures to ensure comprehension and diligence. The project provides for immediate termination of any participant who fails these internal tests or does not perform to expectations.
In the voir dire section the mock jurors respond to demographic, experiential and attitudinal questions before seeing the case content summary materials. Voir dire questions may be cross tabulated with verdict questions providing useful juror profiling and jury selection information.
In the content section the attorney supplies case content materials to which the jurors will respond. Jury Insights prefers that the fact pattern for each side be distilled into a PowerPoint presentation of slides and slide text notes, although short video presentations, or a sequence of Word text and graphics are also options.
In the verdict section, the mock jurors are typically given relevant jury instructions immediately before responding to a particular verdict question. Verdict questions allow for straight forward multiple choice as well as fill in type answers, such as dollar amounts for damages or percentages for comparative fault.
In the post-verdict section permits the mock jurors may be asked to provide commentary to explain their verdict, and respond to ranking and other types of questions to get insight into the impact of particular case facts or arguments.