Know Before You Go

Go with your gut? Take a chance? Or test and know?

When there is so much at stake and so many ways you can mitigate the risk
and improve your chances of winning, the choices start to seem pretty easy.
Wait and see is a choice. Test and know is a better one.

If you’re going to trial, it’s a pretty fair guess that neither side has a slam dunk.
And, let’s be honest…there are no guarantees.

Which is precisely why we go after the data to inform decision making,
and then we test those decisions. Sometimes more than once.
Because you can never be too sure, or too prepared.
But that doesn’t mean you shouldn’t try.

Here are some ways you can test your work and ours.

ThemeTesting® Focus Groups

Now you’ve found our sweet spot! Our proprietary ThemeTesting® methodology is scientifically designed to test and refine trial themes in real time while uncovering the biases and beliefs that lie beneath mock-jurors surface-level responses—What do they believe and not believe? Why do they believe it? What might change their mind? This is where we find out.

Our Theme Testing® studies involve separating the presentation of topics and introducing them piece by piece, in a controlled, moderated discussion where no particular person can dominate the discussion, and all mock-jurors are allowed to participate equally.

In conducting a detailed analysis of the impact of particular facts and arguments, we can also see if the evidence is being presented in a way that reinforces the theme and how well the theme matches up with the story potential jurors have constructed in their minds.

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Here are just some of the features that make ThemeTesting® Focus Groups uniquely tailored to litigation:

  • Identification of key case issues.
  • Baseline measurement of participant demographics, attitudes, and beliefs.
  • Head-to-head presentation of the plaintiff and defense arguments.
  • Moderated discussion of responses to each key issue.
  • Examination of the effect of each key issue on vertical leanings.
  • Analysis of informational influence and opinion change over time.
  • Comparison and integration of results across focus groups.

Mock Jury Trials

Mock jury trials are more than a dry run, they’re the method of choice for high-stakes litigation. ThemeVision’s mock trials provide the opportunity and the answers you need to test and fine-tune your strategy, shape and reorder testimony, and strengthen critical arguments before you present in front of a live jury.

Designed to simulate the courtroom environment, your trial team presents summaries of case evidence and arguments for each side to panels of mock jurors (usually multiple panels).
Our consultant then leads each mock-jury panel in a moderated discussion to uncover the answers you need—like, “which facts and evidence most influenced the jury’s thinking? What evidence was the most damaging? Or What evidence might be easily challenged?

The difference between merely reporting our observations and knowing what adjustments to make based on those observations is what keeps ThemeVision in business.

Mock Bench Trials, Hearings, and ADR

Surely you didn’t think mock trials were just for jury trials?

While the decision makers may be different, the expectation is the same—a favorable outcome for your client. So whether you’re presenting for the court or an arbitrator, there’s no excuse for presenting anything but your most persuasive case.

We’ve built a deep bench of former and retired judges and arbitrators, so when you need a mock focus group that’s calibrated to match the characteristics of your arbitrator or judge to evaluate your oral arguments, witness testimony, or even your briefing before you present it to the court, we know who to call. All you have to do is call us.

Exhibit Testing

Which version of a demonstrative exhibit will have the desired effect on the jury? There’s no reason to guess when we can test that too. Calling on the talents and expertise of our in-house trial graphics team, we’re able to quickly test multiple versions of demonstrative evidence for clarity, recall, and impact with real jury-eligible people. We can even test which portions of a single exhibit jurors are responding to most positively.