How many times have you tried a case, lost it, and later interviewed jurors to learn about how your case was perceived? Why wouldn’t you want that knowledge from the outset of a case, instead of waiting until after the verdict?
Focus groups take the guesswork and speculation out of trial preparation. A focus group serves as a remarkable crucible to assess and evaluate your trial presentation—a “trial balloon” to test concepts, strategies, themes, theories, words and phrases, images, and arguments in a short (1-3 hour) period of time.
Harbinger™ selects, convenes, and moderates focus groups to reveal the key, critical elements that will enhance your trial strategy. Harbinger™ also offers you creative solutions to the dilemmas your trial team faces.
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HARBINGER™ developed the concept of “Mediation on Steroids” to address the all-too-common impasse that develops between adversaries, and a mediator is incapable of resolving.
Is trial the only alternative? No, of course not! The Harbinger™ solution is to bring the plaintiff’s lawyer (who is convinced their case is worth millions) and the defense attorney (who is convinced the same case is worth little or nothing) together to resolve this vast difference in case evaluation.
In Mediation on Steroids, both counsel are invited to make their best presentation to two to four groups of four-juror panels to discover what they conclude about liability and damages. In some cases, the best way to resolve a case is to show your opponent “what you have” and ask the jurors to render their verdict(s) so the parties can evaluate liability, damages, and apportionment of damages. This “collective mediation” is undoubtedly a better solution to those gnarly, unpredictable cases than traditional mediation. It shatters the standoff that is the by product of two skilled lawyers who are overwhelmingly confident in their side of the case.
This service is commonly referred to as a “shadow jury.” This consists of one or more persons who imitate the empaneled jury and communicate in real time with the trial team about the events as they unfold during trial. This provides trial counsel with immediate feedback and insights into how the empaneled jury may be perceiving your case.
contact usHarbinger™ offers the expertise and objectivity to enhance and maintain productive client relationships by navigating the terrain of risk, uncertainty, and unjustified expectations. We help you manage your client’s desire to know exactly, “How will the case turn out?”
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Harbinger™ will assist you in formulating questions that yield meaningful insights into jurors’ expectations, assumptions, beliefs, biases, and values.
Harbinger™ can also assist you in identifying and navigating non-verbal juror behaviors that may contradict the responses given.
If properly done, jury selection should align, persuade, reveal, and disqualify your panel to properly structure and establish your relationship with those empaneled jurors during the earliest stage of the trial.
Most lawyers want to know why they won or lost and how they can do better next time in trial presentation. Jurors may be unwilling to be completely open with trial counsel regarding what they could have done better or should have done different. Harbinger uses its applied experience to ask the jurors the correct questions to get to the bottom of how the jurors made their decision.
However, when interviewed by an independent third party, jurors are much more forthcoming about what influenced their deliberations and how they reached their verdict.
