While its true that some attorneys will use TSG to measure overall juror sentiment toward their case (will I win or lose at trial), trial surveys
help attorneys prepare winning strategies at every point along the trial calendar.
A few of the different ways that attorneys use TSG include:
- Measuring the impact of individual facts or pieces of evidence:
The typical case contains dozens of individual pieces of evidence ranging from documents to witness statements. TSG can accurately measure how impactful each piece of evidence is on jurors, including panel feedback to allow you to modify how you present (or defend) each fact. For example, will jurors look at a plaintiff’s preexisting condition as an opportunity to apply the eggshell skull rule, or will they use it to discount causation.
Click here to download a report that explains how TSG found that evidence that a driver braced for impact in a low impact collision proved to be plaintiff’s most influential piece of evidence.
- Testing alternative theories of the case:
Choosing a theme or theory for your case is of course one of your most important decisions before trial. TSG can use the “split jury” technique to present different versions of your case to independent groups of jury panelists to see which theory provides the best results. You can even present your case to different groups of panelists with the exception of
changing one or more facts to measure that one change impacts the final verdict.
- Jury Selection:
Large sample sizes allow TSG to break your results down to individual juror characteristics to not only predict which jurors are likely to be for (or against your client), but show which juror profiles react to individual pieces of evidence. Attempting to use focus groups or mock trials to identify ideal juror profiles is dangerous at best because you can never be sure if one or two jurors meeting a specific profile is representative of the group as a
whole. With larger sample sizes TSG can even scope out multiple layers of juror
characteristics (Single Affluent Males, etc.). Click here to download a report that shows how much more (or less) jurors statistically award in damages based on various demographic
characteristics such as gender, age, and race.
- Preparing Experts:
Every trial attorney has watched an expert testify in great detail about what should be the critical deciding factor, only to learn their point was completely lost on the jury. Attorneys and experts are often too close to the evidence and therefore unable to
see the facts through their jury’s eyes. Trial surveys provide a fast and cost effective way test your expert’s theories before they are locked into their opinions by not only testing which points resonate with the jury, but also the best way to present those points.
- Deciding if you should settle:
As a trial attorney you understand that deciding whether or not to settle is an objective process of weighing the risks and rewards of going to trial. The process is much more
emotional for your clients who typically find it difficult to objectively see the risks and/or possible weaknesses in their case. A well-prepared trial survey not only provides you with the information you need to make informed settlement decisions, it helps your clients
see the realities of their case.