A “focus group” is a panel of people assembled to participate in a guided discussion about a particular product, or to provide ongoing feedback on a political campaign, television series, etc. Focus groups date back to the 1930s, when social scientists began using focus groups rather than direct interviews to conduct studies. These scientists found they could often get more accurate results through focus groups, since the format allowed them to ask more open-ended questions and see how individuals responded in a group setting.
Trial attorneys use focus groups to see which of their arguments are persuasive, develop case themes, and learn how juror characteristics may affect their trial. If used properly, focus groups can be helpful in trial preparation or settlement negotiations, as they provide attorneys with a more objective and realistic view of their case.
Jury research focus groups provide qualitative insights into how people think, talk, and feel about particular topics. However, they do not present a realistic trial experience for the participants or attorneys. Focus groups also lack deliberation and verdicts, thereby limiting data on case valuation and likely trial decisions.
Focus Group vs. Mock Jury Trial
Due to the inherent limitations of focus groups, jury research companies developed alternative techniques that enable trial attorneys to get lay opinions about their cases while providing a representative trial experience. Like a focus group, mock jury trials allow attorneys to present their case before a group of people in the case’s venue. However, the format reflects an actual trial, fostering more accurate participant feedback and giving trial teams a chance to practice their case presentation. Since mock trial participants deliberate at the end, verdict and damages data are more reliable.
Focus Group vs. Online Jury Research
In addition to mock trials and focus groups, some companies offer online jury research. This allows trial teams to capture juror feedback at scale from venue-specific jurors, supporting early-stage case development. Online jury research is often more cost-effective than an in-person focus group or mock trial. It is ideal for the beginning stages of a case, when testimony is still fluid and arguments are still up for grabs.
Specially designed jury research software enables mock jurors to log in at their convenience, view the case story and react to one screen at a time, evaluate attorneys and witnesses on video, and respond to pictures, diagrams, animations, documents, and testimony summaries. Trial teams can also virtually observe this process, actually seeing jurors’ faces and hearing the emotion in their voices as they respond to the most critical case issues.
Matching Jury Research Strategy to Case Needs
When deciding which jury research format to use, consider the type of information you seek and the stage of your case. If you simply need some qualitative data about a particular topic, a focus group may be your best option. However, if you want to test your entire case and gain reliable damage ranges, consider a mock jury trial. Focus on the approach that provides you with as much objective feedback as possible to strengthen your case.
Originally published by First Court in 2022; updated/republished by IMS Legal Strategies in 2026. Read about our strategic union here.
