By Dr. Kelly Anthony, PhD
President & Director of Research | Litigation Research Group

In the world of litigation, trial preparation is no longer just about legal arguments and polished openings. It’s about knowing how real people—your potential jurors—will perceive your case. That’s where jury research comes in.

Jury research provides strategic insight into juror behavior, attitudes, and decision-making. It helps trial teams test their case theories, themes, witnesses, and even damages arguments—before facing a live jury.

Beyond the Buzzwords: What Jury Research Really Means

Terms like “mock trial” or “focus group” are often tossed around interchangeably, but the reality is more nuanced.

At its core, jury research involves engaging people who reflect the demographic and attitudinal profile of your trial venue. These participants—commonly referred to as surrogate jurors—review case materials and offer reactions that help attorneys anticipate jury behavior. Sometimes it’s a large-scale quantitative survey; other times it’s a qualitative exercise that mirrors trial conditions.

The purpose? To uncover how jurors will respond to your case before you’re standing in front of twelve of them with everything on the line.

Focus Group vs. Mock Trial: What’s the Difference?

• Focus Groups simulate aspects of trial but often emphasize feedback. Jurors might hear opening statements, deliberate briefly, and then engage in moderated discussions that provide a window into their thought processes.

• Mock Trials are more structured simulations. Attorneys may present both sides of the case—including openings, closings, and even witness testimony—and jurors render a verdict.

Different research providers use different labels. At Litigation Research Group, we focus less on terminology and more on the objective: Do you need theme testing? Witness feedback? Venue analysis? Damages insights? We tailor the approach to your strategic needs.

Why You Shouldn’t DIY Jury Research

It may be tempting to organize an informal focus group or rely on anecdotal feedback. But effective jury research is part science, part art—and requires deep litigation-specific expertise.

Here’s why experienced consultants matter:

1. We understand venue dynamics. Local attitudes matter, especially in high-stakes cases.

2. We’ve studied juror behavior. With data from thousands of deliberations, we recognize patterns most attorneys miss.

3. We design methodologically sound studies. This ensures your insights are valid and actionable.

4. We bring an outside perspective. Lawyers think legally. Jurors think emotionally. We help bridge that gap.

Where Do Surrogate Jurors Come From?

Our jurors are recruited through vetted market research partners, using screening criteria designed specifically for each venue. Unlike mass-recruited respondents from Craigslist or newspaper ads, our jurors are carefully screened for neutrality, anonymity, and demographic balance. Confidentiality is always preserved, and participants are unaware of any client identities.

But Are Mock Jurors Really Like the Real Thing?

In our experience—and confirmed by post-trial juror interviews—they’re strikingly similar. While mock jurors might receive condensed versions of the case, their reactions almost always mirror those of real juries.

Mock research helps identify what resonates, what confuses, and what could derail your case. That insight helps sharpen arguments and, in many cases, leads to more favorable settlements.

When Witness Testing Matters

If you need to evaluate the effectiveness of a key witness—whether a corporate executive, treating physician, or damages expert—jury research can help.

A full trial simulation can include video-taped or live witness testimony, giving jurors the chance to react in real-time. Their feedback often reveals credibility issues, language barriers, or presentation pitfalls long before the witness hits the stand.

Smarter, Faster Tools: When Time or Budget Is Tight

Not every case has the time or budget for a full simulation. Fortunately, tools like online surveys and digital focus groups offer high-value insights in a compressed timeframe.

• Online panels can test jury themes, graphics, and arguments with hundreds of participants across the desired venue or broader regions.

• Moment-to-Moment® feedback allows us to measure emotional and cognitive reactions in real-time, tracking which arguments land—and which fall flat.

Whether you’re preparing for trial, valuing settlement options, or stress-testing damages theories, technology allows for flexible, scalable research options.

Does Jury Research Predict the Actual Verdict?

Not exactly—and that’s not the goal. Jury research isn’t about forecasting outcomes with mathematical certainty. It’s about revealing vulnerabilities, sharpening strengths, and stress-testing your case.

In fact, a negative result in jury research often leads to better trial outcomes because it gives the legal team the chance to pivot before it’s too late.

Need Venue-Specific Data? You’re Not Alone

If you’re trying a case in a jurisdiction you don’t know well, Community Attitude Surveys can uncover critical insights. With 200–400 telephone or online participants, these studies explore:

• Local sentiment toward corporate defendants

• Biases related to the subject matter (e.g., pharma, employment, product safety)

• Political, economic, and demographic trends

• Damages tolerance and case value expectations

These surveys aren’t about guessing—they’re about grounding your strategy in statistically relevant data.

When Cost is the Objection

Some clients push back on the cost of jury research—until they’ve seen the value firsthand.

As one seasoned litigator put it:
“After using jury research, I’ll never go to trial without it again.”

Whether it leads to early settlement, a better narrative, or avoiding a multi-million-dollar loss, jury research is not a luxury. It’s a strategic asset.

Final Thought: What’s the Real Cost?

The true cost isn’t the price of the research. It’s walking into trial without knowing how your case is going to land. In today’s unpredictable jury environment, where one juror can swing a room, that’s a risk no trial team can afford.