APRIL J. FERGUSON, M.S.

Chief Executive Officer | Opveon Litigation Services, LLC

Using Jury Research to Hone in on Compelling Case Themes

Uncover how OPVEON’s jury research can transform your trial strategy by refining case themes that truly resonate with jurors. Learn how focus groups and feedback can reveal surprising insights, ensuring your courtroom presentation is both powerful and persuasive.

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One of the most crucial elements of a successful trial strategy is the development of a compelling case theme. However, the true power of a case theme is only realized when it resonates with the jury. That’s where jury research comes into play.

The Role of Jury Research in Theme Development

At OPVEON, we believe that effective case themes aren’t just created in a vacuum—they’re honed and refined through careful jury research. A well-crafted theme is more than just a catchy slogan or a memorable phrase; it’s a narrative that frames your entire case in a way that speaks directly to the jurors' values, beliefs, and emotions.

Jury research provides a vital testing ground for these themes. By conducting focus groups and other jury research exercises, we can gauge how potential jurors might respond to the themes you plan to use in Court. This feedback is invaluable—it helps us understand whether the theme is compelling, whether it resonates with the audience, and whether it effectively supports your case strategy.

How OPVEON Conducts Jury Research

When we undertake a jury research project, our seasoned consultants collaborate closely with your legal team to immerse themselves in the case. We start by thoroughly reviewing the case facts, analyzing transcripts and video deposition testimony to assess witness credibility, and examining expert reports and physical evidence. We also assist in creating graphics and demonstratives that visually support your case theme.

Once we’ve developed what we believe to be a strong theme—or even multiple themes—we put them to the test in front of a focus group. This step is crucial. The focus group’s reactions provide insights that can confirm the strength of a theme or reveal that it may need adjustments. For instance, does the theme capture the essence of the case? Does it motivate and inspire the focus group members? Or does it fall flat, failing to connect in the way we anticipated?

The Importance of Feedback

Jury research often reveals surprising insights that can fundamentally change how a case is presented. For example, in one personal injury case we handled, the initial theme centered around a comprehensive timeline of events. Both our consulting team and the client believed that the full sequence of events on the day in question was crucial to the case. However, the focus group revealed a different perspective—they were only interested in a specific two-hour window, dismissing the rest of the timeline as irrelevant. This feedback allowed us to fine-tune the theme and focus the presentation on the most impactful evidence, ultimately leading to a stronger case.

The Takeaway

Jury research is an essential tool for honing in on the most persuasive case themes. By testing your themes with a focus group early in the litigation process, you can refine your strategy to ensure it resonates with the jury. This approach not only enhances the clarity and impact of your case but also puts you in the best possible position to secure a favorable outcome.

At OPVEON, we’re committed to helping you develop, test, and refine your case themes through rigorous jury research. We believe that when you focus on what truly matters to the jury, you’ll be better equipped to tell a story that compels them to advocate for your client in the deliberation room.

Interested in focus grouping your next case? Give us a call. We’d love to work with you.

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