Can mock juror research projects be done for smaller cases?

I believe that some form of mock juror research project can be performed for any case preparation budget. The quality of the information (data) derived from a project will always be a function of the quality of the stimulus  materials and the ability to simulate the diversity of an actual jury panel remaining after the venire has been reduced by hardship, cause and peremptory strikes.

Additionally, I am now offering an online version of a mock jury focus group for attorneys who would like to gain insight on a case but cannot budget a traditional focus group. The online focus group can be conducted with any number of jurors, in any state, at a moments notice. At the conclusion of the focus group, whether online or live, I will prepare a summary and analysis of the mock jury research. This analysis will aid in case strategy, trial preparation, jury selection, and mediation.

Should mock juror research be done before mediation or after mediation fails?

It seems logical to me that mock juror research projects will provide the greatest value, dollar for dollar, when performed before mediation, when the major discovery issues revealing each side's case theories are known. 

When the trial team knows the outcome of mock juror projects before settlement negotiation, confidence, skill and reality-check decision-making all work together seamlessly in the client's best interests. The attorney is better able to advise the client of risk-to-benefit issues and the decision to proceed to trial. The client is better able to shoulder responsibility in deciding to accept or reject settlement offers. 

Some cases justify mock juror projects prior to case acceptance, and others give the attorney no choice but to perform juror research after mediation fails. However, the trial team will want to avoid painting itself into a corner resulting from a failed negotiation based on wishful thinking.

Can I call you to provide me with focused help on the voir dire part of trial preparation and my communication skills during voir dire?

Absolutely. I enjoy working with attorneys on voir dire strategy, juror questionnaires and other aspects of pre-trial preparation. I  frequently work with attorneys on strengthening their voir dire communication skills before trial.

Key witnesses often have communication problems that interfere with their credibility, like-ability and effectiveness with the jury. I work with the attorney and the key witness together in a videotaped role play format.  I point out and reinforce the witness' communication strengths, as well as identify and help the witness to confront and overcome communication weaknesses. My method is not coaching the witness, but a variation on psychological behavioral change models derived from my years of experience as a psychotherapist.

I think it is helpful to tell the client that there are three types of discovery that are necessary in every case--discovery of the relevant law, discovery of the facts, and discovery of the perspective of the jury. It is not enough to just  perform the first two types of discovery.

Ultimately, every case that potentially may go before a jury is negotiated from the perspective of the potential jury. It is to the  client's benefit to discover the jury before settlement negotiation and trial.