Courtroom Stories & Tactics

Sharif L. Gray and Nael A. Abouzaki

How Using Focus Groups Led to a $12 million Verdict | Michael Karp (Personal Injury Lawyer)

OCT 15, 202656 MIN

Description

Michael Karp's law practice changed when they started leaning heavily into using focus groups. The reason was pretty obvious: focus group testing brought an otherwise iffy slip-and-fall case to a $12 million verdict. But it's the process of watching that unfold that for Mike became so fascinating.  Witnessing the participants bring forth angles and perspectives that he and his firm hadn't thought of, or had seen from a completely different viewpoint, altered how they ended up presenting their case. It's like watching the thing that all lawyers crave: a behind closed doors look at what the jury is really saying, once they go in to deliberate and make their choice. We all want to be in that room; focus groups get you as close as possible. A key revelation in focus group work has been identifying, "Who's bringing the conflict?" It's juries' instinct to try and resolve conflict, and resist those who seem to provoke it. You want to let the defense give that impression, and focus groups will tell you how your arguments, your presentation and your personality are landing. Find the useful conflict, it's your secret to making a breakthrough. " You don't do a focus group to figure out how you can win the case. You  do a focus group to find out how you are going to lose the case." - Michael Karp In this episode, we discuss: ◼️ How to use focus groups to find how a case could be lost - not simply how it could be won. ◼️ Why an injury animation costing $50,000 initially seemed compelling, but feedback showed it could lead jurors to shift attention toward blame. ◼️ How focus groups helped narrow a long list of alleged safety failures to the few points jurors found most persuasive. ◼️ “Useful conflict” as a trial concept: if the defense does not create conflict, jurors may see the plaintiff as the source of it. ◼️How plaintiff's trial work and resources like Trial Lawyer University give you the permission to be yourself in the courtroom. Chapters 00:00 Why Focus Groups Win Cases 10:52 The $12 Million Slip-and-Fall Case 15:20 Focus Groups: Learn How You Could Lose 19:42 Building Trial Strategy From Juror Feedback 22:57 Finding Useful Conflict 35:59 Running Focus Groups In-House 41:03 How to Get Started 49:15 Building Confidence Through Trial Reps Courtroom Stories & Tactics | RVA Trial Lawyers Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com  Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers. If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us. Thank you! Sharif Gray and Nael Abouzaki