Verdict - Spring 2018 - 17

apportionment, indemnification, subrogation,

case-in-chief into a 30-minute presentation,

responsible for causing our Plaintiff's injuries.

or any other financial interests in the outcome

so don't try. Instead, use the time you have

Before all our trials involving apportionment

with your mock jurors wisely by highlighting

of fault, we ask our mock jurors, "What per-

the best facts and strongest arguments of

centage of responsibility do you assign the

your case. You may choose to proactively

following parties for Plaintiff's injury?" [*NOTE:

JURORS BASED ON THE DEMO-

address any "bad" facts or testimony in your

The total of all lines below must equal 0% or

GRAPHICS OF YOUR TRIAL VENUE

initial trial presentation or opt to rehabilitate

100%] ___ % of responsibility to Defendant

3
of the trial.

.
ORGANIZE YOUR FOCUS GROUP

Your Juror Qualification Questionnaire

during your Rebuttal if the defense attor-

Physician; ___ % responsibility to non-party

will provide you with the demographical

ney relies on them during his argument. A

Hospital).

data you will need later during your Focus

PowerPoint slideshow is recommended to

At the end of each Measure, inquire as

Group in order to divide your pool of mock

keep you on point, off your soapbox, and out

to how much compensation each individual

jurors into smaller mock juries proportion-

of tangential rabbit holes. Likewise, playing

juror thinks your Plaintiff(s) should receive

ate to your actual trial venue's demograph-

short but incriminating video clips from a key

from Defendant(s) for causing their personal

ics (or as close as possible). If time permits,

deposition (e.g., Defendant's corporate rep-

injuries (e.g., "Which of the following dam-

reserve two (2) consecutive days to conduct

resentative or an eyewitness) can be both

ages amounts do you think would be a rea-

your Focus Groups with a separate mock jury

persuasive and efficient. Consider using some

sonable amount for Defendants to pay Teresa

pool of 30 - 36 mock jurors assigned to each

of your allotted time to show a short "Day in

Foster for the death of her Husband William

day. This will not only provide you will twice

the Life" video to introduce your mock jurors

Foster?" 0_ Zero ($0); _0_ $100,000; _0_

the amount Focus Group feedback but also

to your injured Plaintiff. All trial presenta-

$1M; _1_ $5M; _2_ $15M; _4_ $25M; _11_

give your trial team "two bites at the apple"

tions should be videotaped for your future

$50M; Note: Actual verdict in that case at trial

to rehearse your presentation. Divide each

reference; a "film study" of your presentation

was $40.2 million). Although not the primary

day's mock jury pool into at least three (3)

will reveal which facts and issues you pre-

objective of a Jury Focus Group, the amount

separate mock juries, consisting of 10 - 12

sented well, which ones need improvement,

that mock jurors believe your Plaintiff should

mock jurors apiece. Prior to conducting your

and which points caused your mock jurors to

be compensated can prove very helpful in

Focus Groups, you should proportionately

exhibit positive or negative body language.

settlement negotiations (or alternatively, can

assign each of your qualified mock jurors

Your Focus Group trial presentation also

steel your client's nerve and strengthen their

6
4 5
to either Mock Jury #1, #2, or #3 so that the

forces you to go through one or more "dress

demographics of each mock jury mirrors that

rehearsals" before you give your Opening

of your trial venue to the extent possible.

Statement at trial.

.
CONDUCT CONDENSED
TRIAL

.
POLL YOUR MOCK
JURORS WITH

PRESENTATIONS BY ATTOR-

SURVEY QUESTIONS IMMEDIATELY

NEYS FOR BOTH PLAINTIFF AND

AFTER EACH PRESENTATION.

resolve not to settle).
READ YOUR.PROPOSED TRIAL JURY
INSTRUCTIONS OF LAW BEFORE
JURY DELIBERATIONS BEGIN.
After you have presented both sides of

your case, your Focus Group moderator

After each trial presentation and before

should read the Instructions of Law that you

The goal of your jury focus group should be

the next presentation begins, have your Focus

intend to propose to your trial judge. These

to discover which legal arguments and facts

Group participants complete a short survey,

jury charges should include both "General

your mock jurors considered to be the most

or "Measure", in which each individual mock

Instructions" (concerning the duty of jurors,

(and least) persuasive by both sides of the

juror is asked to describe his or her feelings

evidence, credibility of witnesses, applicable

case. Our firm's Focus Group model allows

toward the case and the parties, as well as

burden of proof, etc.) as well as "Specific

for both the Plaintiff and the Defendant equal

which side they tend to favor and agree with

Instructions" (e.g., Plaintiff's specific claims

opportunity to present a "Reader's Digest ver-

after just hearing the latest trial presenta-

of negligence by Defendant(s), Plaintiff's

sion" of their client's case. First, the Plaintiff's

tion. Certain Measure questions require only

alleged damages, and/or any specific affir-

attorney is permitted to give a 30-minute trial

a simple "Check Yes OR No" answer (e.g.,

mative defenses proffered by Defendants).

presentation; Next, the Defense counsel gets

"Were you persuaded to side with the Plaintiff

Your focus group Jury Instructions should

35 minutes to present his case. Plaintiff is then

by this presentation? YES or NO), while others

also include the legal definitions of certain

allowed a 5-minute Rebuttal. Your "defense

are "sliding scale" questions with available

relevant terms (e.g., "medical negligence",

counsel" should be someone who is intimately

answers ranging from "On a scale of 1 to 10" or

"standard of care", "causation", "fault", "spe-

familiar with the case - either a member of

"Strongly Agree" to "Strongly Disagree" (e.g.,

cialist", "expert") as well as all elements of

your own trial team or a formidable defense

"Were the arguments made by the Plaintiff's

each tort that the Plaintiff has the burden of

attorney colleague unrelated to the case

attorney: Easy to understand? _____ ).

proving (e.g., duty, breach, proximate cause,

DEFENDANT.

who hire to play the role (and who you trust

You will often need to know for apportion-

and damages). Provide your mock jurors with

to keep the Focus Group results confiden-

ment purposes which defendant(s) and non-

clear charges as to how they are to determine

tial). It is impossible to squeeze your entire

party(s) the mock jurors hold the most/least

issues of liability and damages issues (i.e.,
Spring 2018 17



Table of Contents for the Digital Edition of Verdict - Spring 2018

President’s Message
How I Obtained Justice: Sudden Emergency Doctrine
Thank You to Outgoing Verdict Chairman, Madeleine Simmons
Look Before You Leap: Conducting Jury Focus Groups Before Trial
Voir Dire In Low Speed, Soft Tissue Injury Cases
Defeating Reptile Theory Motions in Limine
Leading the Jury Down the Right Path: Framing Your Case During Voir Dire
Hernandez v. State: Empowering Jurors to Seek the Truth
Exploding Takata Airbags From Cover-Up To Accountability
Using Simple Technology to Pick a Better Jury
Case Updates: Who Really Loses When Medical Funding Becomes an Issue at Trial?
Professional Practice Pointers: Voir Dire, An interview with Cobb County State Court Judge Allison Barnes Salter
Dig In To Do Good: Making the World a Better Place
Welcome New GTLA Members!
Champion Members
Meet The Experts
Index to Advertisers/Advertiser.com
Verdict - Spring 2018 - Intro
Verdict - Spring 2018 - bellyband1
Verdict - Spring 2018 - bellyband2
Verdict - Spring 2018 - cover1
Verdict - Spring 2018 - cover2
Verdict - Spring 2018 - 3
Verdict - Spring 2018 - 4
Verdict - Spring 2018 - 5
Verdict - Spring 2018 - 6
Verdict - Spring 2018 - 7
Verdict - Spring 2018 - 8
Verdict - Spring 2018 - 9
Verdict - Spring 2018 - 10
Verdict - Spring 2018 - President’s Message
Verdict - Spring 2018 - How I Obtained Justice: Sudden Emergency Doctrine
Verdict - Spring 2018 - 13
Verdict - Spring 2018 - 14
Verdict - Spring 2018 - Thank You to Outgoing Verdict Chairman, Madeleine Simmons
Verdict - Spring 2018 - Look Before You Leap: Conducting Jury Focus Groups Before Trial
Verdict - Spring 2018 - 17
Verdict - Spring 2018 - 18
Verdict - Spring 2018 - 19
Verdict - Spring 2018 - 20
Verdict - Spring 2018 - Voir Dire In Low Speed, Soft Tissue Injury Cases
Verdict - Spring 2018 - 22
Verdict - Spring 2018 - 23
Verdict - Spring 2018 - 24
Verdict - Spring 2018 - 25
Verdict - Spring 2018 - Defeating Reptile Theory Motions in Limine
Verdict - Spring 2018 - 27
Verdict - Spring 2018 - 28
Verdict - Spring 2018 - Leading the Jury Down the Right Path: Framing Your Case During Voir Dire
Verdict - Spring 2018 - 30
Verdict - Spring 2018 - Hernandez v. State: Empowering Jurors to Seek the Truth
Verdict - Spring 2018 - 32
Verdict - Spring 2018 - 33
Verdict - Spring 2018 - Exploding Takata Airbags From Cover-Up To Accountability
Verdict - Spring 2018 - 35
Verdict - Spring 2018 - 36
Verdict - Spring 2018 - Using Simple Technology to Pick a Better Jury
Verdict - Spring 2018 - Case Updates: Who Really Loses When Medical Funding Becomes an Issue at Trial?
Verdict - Spring 2018 - 39
Verdict - Spring 2018 - Professional Practice Pointers: Voir Dire, An interview with Cobb County State Court Judge Allison Barnes Salter
Verdict - Spring 2018 - Dig In To Do Good: Making the World a Better Place
Verdict - Spring 2018 - 42
Verdict - Spring 2018 - Champion Members
Verdict - Spring 2018 - 44
Verdict - Spring 2018 - Meet The Experts
Verdict - Spring 2018 - Index to Advertisers/Advertiser.com
Verdict - Spring 2018 - cover3
Verdict - Spring 2018 - cover4
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