Enhancing Your Argument Through Jury Testing | Method #3: Shadow Juries

Fishman Haygood special counsel Lara Richards recently published an article for JDSupra on three different jury testing methods—focus groups, mock trials, and shadow juries—and how they can help litigation teams before entering the courtroom. Click here to read part two of her series on jury testing, mock trials.

Jury testing is a powerful tool in litigation, and attorneys would be well served to think about their cases as studies worthy of experimentation. Cases are not mysteries to be solved; they are a series of testable questions that can be answered by people who, more times than not, follow predictable decision-making thought processes. The likely outcome of a case, as well as what influences its outcome, can and should be measured.

Last time, we discussed using mock trials to bolster your case. Read on for an explanation of the third—and final—method of jury testing examined in this series, shadow juries.

 Method #3: Shadow Juries

Aptly named, these juries “shadow” a real jury at trial. Each day shadow jurors attend the trial, answering surveys at lunch and at the conclusion of the day’s proceedings.

Shadow juries allow attorneys to receive daily feedback from “outsiders” on how the case is going. Attorneys can learn what the shadow jury does (or doesn’t) understand, which aids in planning for the next day as well as guides settlement decisions. You can have the shadow jury “reach a verdict” before closing arguments to give a good idea of the case’s potential outcome.

Conclusion

Implementing any of the three jury testing methods discussed in this series can be a powerful tool for litigators. Data gathered from jury testing not only helps attorneys save time and resources but also enables them to refine case issues by understanding what resonates with jurors and how to better coach witnesses. Additionally, modern technology has made jury testing more accessible through platforms like Zoom and other online tools used to conduct polls and surveys.

Whether you are surprised or vindicated by the results of the data you collect with your event, jury testing allows you to pivot, tweak, or further enhance your argument before you enter the courtroom, limiting guesswork and providing a clearer roadmap to success.

Lara Richards leads the firm’s in-house jury testing team. Customizing each focus group, mock trial, or shadow jury to meet the needs of her clients, she ably facilitates all aspects necessary to conduct an efficient and economical testing event—from coordinating with recruiters to running the juror group day-of and providing analysis of its findings. Click here to learn more about Fishman Haygood’s jury testing capabilities.