Key Advantages of Virtual Focus Groups By April J. Ferguson, M.S. & Skylar Zak | OPVEON Litigation Services, LLC

As with most other sectors in our business community, the legal industry has not been immune to the effects of COVID-19. Considering social distancing requirements and concerns over continued spread of the disease, we have been forced to be innovative and creative in our approach to litigation and the trial preparation process.

With respect to jury research methods, many trial consultants have moved their practice from the traditional in-person focus groups to a virtual environment and have experienced significant success in this regard.

While it is understandable for attorneys and their clients to have concerns about this new process, the benefits fully outweigh the challenges.

The following is a list of the KEY ADVANTAGES associated with a Virtual Focus Group: Significant Cost Savings. We consider the substantial cost savings to be one of the greatest advantages of hosting focus groups online. While a traditional one-day focus group may range from $25,000.00 - $75,000.00 depending on the type of project, a virtual focus group can be held for a fraction of that cost. There are no travel expenses, no conference room fees, and no meal catering costs. Online-research also tends to run more efficiently and often do not last as long as in-person research projects. As a result, online participants can be paid less, which has the effect of decreasing the cost of juror incentive payments.

Convenience. Want your insurance client to attend the focus group but they are under a company-wide travel ban? No problem. Both attorneys and clients can attend the focus group remotely. Because all presentations are pre-recorded, there is no need for

anyone to be present (except virtually) on the day of the focus group.

More In-Depth Responses. Based on our experience, online participants provide significantly more detailed feedback compared to in-person participants. Online, participants feel less rushed when filling out questionnaires, which results in them taking their time to generate responses that are more indepth and thought out. Because the mock jurors are participating from the comfort of their own home (or office), they also feel more comfortable providing feedback they might ordinarily withhold.

Increased Data and Feedback. When conducting online jury research, you are not limited to the size of a room. With in-person research there are significant limitations to how many participants can be in a room while practicing 6ft of social distancing between individuals. Due to this, and the significant cost savings associated with online research, some attorneys chose to have a greater number of online participants than they would if the research was hosted in-person. This results in increased feedback and data that can significantly benefit your case. The greater the amount of data collected, the more reliable the result.

More Diverse Participants. Cost becomes an issue during recruiting. For example, the Northern District of Oklahoma (“NDOK”) is comprised of Craig, Creek, Delaware, Mayes, Nowata, Osage, O t t a w a , Pawnee, Rogers, Tulsa, and Washington coun- ties. Many of these counties are an hour drive from Tulsa, where the courthouse in the NDOK is located. When facilitating a focus group for a case pending in this jurisdiction, we are typically limited to recruiting from counties that are contiguous with Tulsa County because of the travel time and cost for mock jurors. When conducting research online, travel is not a concern so mock jurors can be recruited from anywhere in the target jurisdiction, resulting in greater diversity and more accurate data.

Do you have an article idea for Tulsa Lawyer? Contact Michael Taubman mptaubman@taubmanlawoffice.com While we love conducting traditional in-person research, we have found that virtual focus groups are efficient, effective, and produce reliable data. It is predicted that current industry changes will not be abandoned after the virus. It is important to take on innovative adaptations now, as they continue to shape the future of litigation.

April J. Ferguson is the Chief Executive Officer of Opveon Litigation Services, a litigation support and trial consulting firm based in Tulsa, Oklahoma. For her clients, April is a trusted partner, a team player, and an invaluable asset to their litigation teams. She works tirelessly with trial teams to tell their client’s story in a way that resonates with jurors and creates in them a desire to be an advocate for that client in the jury deliberation room. Having worked on large pieces of complex litigation throughout the country, April’s expertise in the trial consulting arena has brought her an international client base, including top tier law firms and celebrities. The trial teams she has had the privilege of working with have been responsible for securing multi-million-dollar verdicts for their clients as well as helping large corporations obtain defense verdicts. In January 2020, April was retained as a trial consultant by counsel for the President in the Senate Impeachment Trial of President Donald J. Trump. April focuses her practice on theme development, mock trials, jury focus groups, and the use of technology in a litigation environment. Her case experience includes complex commercial litigation, personal injury, medical malpractice, products liability, energy law, employment law cases, criminal defense, eminent domain, construction disputes, Qui Tam actions, major environmental cases, insurance bad faith, family law, and trucking litigation, among others. April has been involved in hundreds of jury trials throughout the course of her career. Her experience in the courtroom, combined with her jury research practice, gives April a unique perspective into the trial process, which clients find invaluable.