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Continued... Page 10 > Developing a Theme that Sells

FOCUS GROUPS: A PLACE TO FIND YOUR THEME

Dr. Amy Singer strongly advocates that attorneys use focus group research to identify a theme that will appeal to the broadest possible cross-section of the population. There is a certain magic in finding the right theme, causing a fundamental shift in the perspective of the jurors:

It suddenly becomes clear that your point of view regarding the case dispute is the right one and the other side's is wrong. Singer, supra at p. 326.

Most trial lawyers now routinely use focus groups in major cases, presenting a streamlined version of the facts to a group of citizens for their responses. After hearing evidence which summarizes the issues on both sides, the jurors first fill out a written questionnaire seeking their opinions on the issues in the case. Afterwards, they then deliberate as a group. Our firm videotapes these deliberations and then transcribes them for closer study. Invariably, members of the focus group will use themes in discussing the evidence with one another. These are often better than anything the lawyer can think of himself or herself. For this reason, focus groups are often most valuable when done early on in a case, as themes identified give direction to the lawyers as to what evidence should be sought in discovery.

CONCLUSION

The search for the right theme is one of the most critical tasks facing a trial lawyer in presenting a client's case to the jury. Human beings do not absorb facts in the abstract. The theme gives them necessary perspective for understanding the evidence. If you do not provide them with the right theme, then your opponent will or they will do it for themselves, making it likely that your side will not prevail. The most powerful themes appeal to a broad spectrum of humanity, and tie into the basic needs of people identified by Abraham Maslow and Viktor Frankl. Themes are not only the core ingredient for great literature, plays and cinema, but also winning cases.