Pre-Trial Services
Focus groups are utilized to:
- Test initial case theories
- Identify exhibits that help or hinder your case
- Obtain direct feedback on the credibility of witnesses
- Sharpen previously developed themes
- Identify a plaintiff/defendant juror profile
- Verdict range and damage assessment
Dr. Ruffin specializes in conducting focus groups for medical malpractice and other professional negligence cases. Focus groups are conducted informally, using a process that relies on face-to face interaction between the moderator and focus group members.
This process is more pliable and matches the attorney/jury relationship, as seen in an actual trial. For example, when the defense theme is presented to the focus group members, facial expression, voice tone and tempo, body language, emotions, all play a part in how the theme is delivered and received. This can’t be replicated by an on-line survey or a turn of the dial. Given Dr. Ruffin’s expertise in verbal and non-verbal behaviors, he is able to quickly challenge a focus group member in an effort to uncover bias, deception, or an emotionally driven agenda.
Our focus group planning process begins with:
- Reviewing the complaint and expert testimony.
- Speaking with the healthcare risk manager, insurance claims manager, and defense attorney to identify questions or themes they would like the focus group to consider.
- Preparing a case summary, plaintiff arguments, and defense arguments to be presented by the facilitator.
Focus groups are a great way to test the strengths and weaknesses of a case, or uncover problems that need to be addressed. Either prior to depositions, or after, Dr. Ruffin works closely with the defense team to develop questions that elicit information from focus group members, and we never settle for a vote without asking “why?”
Focus groups are typically comprised of 24-28 members, divided equally into a morning and afternoon session. Focus group members are selected from the trial venue and are demographically consistent with the potential jury pool. Each member is required to complete a survey, be interviewed by a member of the Accurate Verdicts staff, and finally, be interviewed by Dr. Ruffin. This process is designed to identify and remove members that may have a bias towards the hospital, doctor, or healthcare in general.
What sets our focus groups apart is that our focus group members are provided an opportunity on four separate occasions, to write their top three reasons as to why they voted for the plaintiff or defense. Research has shown that people are more forthcoming with their opinions when allowed to privately write what is important to them. The timing of these opportunities to write, are strategically placed, most often just after new information about the case is presented, thus allowing the attorneys to read for themselves how the information impacted the group.
At the conclusion of the day’s research, each verdict sheet is reviewed with the defense team to expose the top reasons for the verdict. Not only will the team have a clear picture as to how this “jury” would have voted, based on the facts presented, but they will also have the top 3-4 reasons the group voted the way that they did. The staff at Accurate Verdicts will take this information and provide a detailed report of the findings, to include demographically how the group voted and how the group valued the case.
At Accurate Verdicts, we deliver usable results that help you:
- Gain perspective on how a case will be received by jurors at trial
- Develop effective case themes and trial strategies
- Analyze key strengths and weaknesses of the case
- Outline/fine-tune effective openings and/or closing arguments
- Make improvements in presentation style and trial visuals
- Examine special issues or unique circumstances in a case
- Recommend effective use of language and analogy
Following the focus group, we will make recommendations regarding theme development, demonstrative aids, witnesses, discovery, case presentation, settlement, and other issue-specific aspects of your case that can aid your trial strategy and preparation.
Dr. Ruffin has over 20 years experience as a Senior Special Agent, supervising thousands of criminal cases. With this level of experience, Dr. Ruffin can review the complaint, evidence, and witness statements to determine if there is an underlying theme that could be used to help defend the case at trial, assist with opening and closing arguments, and provide leverage in settlement discussions.
But most importantly, Dr. Ruffin can determine what is missing from the case.
The simple fact is that most healthcare workers are not trained as investigators, nor are they prepared to interview a witness that may be a patient or employee. Likewise, most attorneys begin their investigation at deposition, and have had no formal training on interviewing techniques, how to spot deception, understanding how emotions and personality effect a person’s willingness to tell the truth.
Dr. Ruffin’s preference is to become involved in the case early and remain as part of the defense team through verdict or settlement. By bringing him on at the investigative stage, he will have a solid understanding of the facts and issues, and can work towards developing a winning theme that can be presented, and accepted by the jury.
The following behaviors are all addressed during witness preparation:
- Nonverbal demeanor
- Cultural differences
- Anxiety and stress
- Theatrics
- Verbal judo
- Failing or tainted memory
- Rapport building skills
- Professionalism
The witness preparation program at Accurate Verdicts strives to ensure that each witness presents in a clear, concise, accurate, and effective manner. The goal is to help witnesses trust themselves, speak credibly and honestly, and develop confidence during the difficult process of being questioned. Videotaping is often used to provide the witness with visual feedback regarding his/her communication style.
Witness preparation often focuses on anxiety and fear, while others tend to work on dress and eye contact, but Dr. Ruffin understands that witness preparation is much more complex than that. Dr. Ruffin believes that witness preparation can be seen as a 3-way relationship between the witness, counsel, and jury. This relationship is created and maintained by using and understanding verbal and non-verbal behaviors, understanding the difference between deception and creativity, and using good interviewing skills that maintain and enhance rapport, not break it. Dr. Ruffin has taught these skills since 1995 for the U.S. Government, both in the United States and internationally.
Why is this so important? Research shows that during a heightened rapport state, people are more attuned to congruent thinking. Therefore, this is the best time to plant your theme with the jury, when both the attorney and witness have managed a state of rapport with them, or at least several of the members. At Accurate Verdicts, we work with expert and lay witnesses, including foreign nationals, to improve their ability to communicate in depositions and in the courtroom.
How does this happen?
- Dr. Ruffin will first work with the witness to establish trust and rapport with defense counsel.
- Second, he makes sure that both the attorney and witness are processing information in the same modality. If not, one may need to change for the testimony.
- Dr. Ruffin will address any underlying prejudices, either based on case facts, or cultural. We often find that the jury can easily spot these underlying issues.
- Witness preparation then moves to the interaction of the witness and the jury, through verbal tone, pace, facial expressions, body language and control of emotions. Many may attempt to conceal raw emotions – anger, fear, anxiety, contempt, and disgust. Dr. Ruffin understands that these emotions are real, especially if you are a physician or nurse and are now defending your actions in court. Masking your emotions will be seen as fake or uncaring to the jury.
Dr. Ruffin analyzed the interview, and immediately recognized stress, deception, and emotional incongruence’s throughout. Although the officer was asking the right questions, he was failing to recognize the stress created by the question, and the deception with the ensuing response. Dr. Ruffin responded to the officer with a model of questions and follow-ups, recommendations on seating, and techniques on spotting deception. The officer spoke with the suspect again, using Dr. Ruffin’s recommendations, and obtained a confession.
Over the course of his career, Dr. Ruffin has reviewed hundreds of taped interviews and depositions with the sole purpose of identifying stress and deception. This is crucial if you feel your witness is not being totally honest during their interview or in their testimony. No one wants to hear information for the first time from the witness stand.
Our analysis of the deposition, in both the written and video formats, will provide a wealth of information. The identification and analysis of deception and anxiety offers the trial team critical information about “hot spots” and other areas of the testimony that need further attention. Also, review of the plaintiff deposition, and plaintiff experts, often reveals underlying themes and strategies opposing counsel may use.
Dr. Ruffin will work closely with defense counsel to design a questioning model that exposes stress and deception. While you may not know what the true cause of the stress is, you have an advantage in knowing this particular area is a “hot topic”. These would be specific areas to address during witness preparation.
Accurate Verdicts will provide you with a comprehensive written report, including an objective assessment of the impression your witness projects, analyzing the strengths and weaknesses of the testimony, and providing critical feedback and strategy recommendations for in-court testimony or settlement considerations. Our consultants are highly skilled in communications, linguistics and body language analysis, and can quickly spot critical performance deficits and foresee potential performance pitfalls that will be missed by even the most astute attorney.