Q: Who here recycles their focus group research participants? What's the cost?
A: Many lawyers do; and the cost is diminished, if not faulty research value.
Half a decade ago I moderated a day-long focus group in a medical malpractice case. The 21 research participants were carefully chosen to represent the venire panel for the upcoming trial on the case. When I excused them I anticipated that their role in focus group research was concluded.
Imagine my surprise to learn from the videographer of that project that the research participants had been reshuffled and recycled in subsequent focus groups in that city as lawyers chose to run their own projects. How did the videographer know? He was filming the focus groups and he recognized the players. One woman in particular was noteworthy for telling the others, "I know how to get us out of here early. Just give them more than they want for the case. Make it millions!"
I'm all for free enterprise; but if you insist on moderating your own focus groups, pay attention to the basics:
TIP: Preliminary Considerations
When you choose to invite a number of strangers to hear your client’s story, do you know who they are? Where do they come from? How like your venire panel are they? Can they communicate? Will they keep the case confidential after the small group research process is concluded? Are they focus group veterans, like professional blood donors?
TIP: Invest in a Professional Recruiter.
This is not the place to compromise. Work with someone who will help design and develop the research panel beyond mere demographics or statistics. Ideally, you want the research panel to mimic as closely as possible the venire panel you expect at trial. The best recruiters have a strong database and excellent people skills to sort out the nuts and wannabes from the legitimate participant.
TIP: Develop the Screener to Reflect Your Case.
Who you recruit should be guided by a carefully crafted screener to staff the research project, maintain confidentiality, capture the eligible participant from the pool who could participate, and sift out participants you would not want because they, their attitudes and biases are not relevant to this research.
TIP: General Exclusions.
As a general rule - whether you recruit from a temp agency, online or with a research firm - keep out anyone who might even remotely have a personal connection to the case in chief (all sides); anyone who is or has a close family member in the insurance, legal, market research, media, or journalism professions; the clergy; occupations related to the case; or anyone who is currently serving on a jury, has served on a jury within the past 12 months; or anyone who has ever served on a legal research project. You want to avoid a “Jury of One” or someone who knows how legal research is conducted and will skew the entire project.
TIP: The Bottom Line for You .
A focus group run with carelessly selected and/or repeat research participants is not (1) reliably predictive, (2) comprehensive in measurement, (3) representative of the neutral venire panelist, (4) legitimate research; and (5) adequate or sufficient to predicate serious strategic or tactical decisions upon. Focus group veterans know how the game is run and will not be the neutral participant you require for your research. You may as well save your money and poll family, friends and business acquaintances.
Recent Comments