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Hidden Bias Research uncovers insidious biases in the jury pool. Without this information, counsel can unknowingly run up against hardened, pre-existing opinions that can spell defeat even before the trial begins.
Every case has a set of pre-existing attitudes associated with it. Hidden Bias Research identifies favorable and unfavorable attitudes that affect jurors’ perception of the litigants and the issues in the case.
The research is carried out by recruiting a sample of between 50 and 75 surrogate jurors whose demographic characteristics reflect the trial venue. Before hearing anything about the case, jurors complete an extensive questionnaire, designed by LGA Litigation Strategists, that focuses on their pre-existing attitudes, knowledge, experience and beliefs related to the case.
After completing the questionnaire, jurors are shown a neutral videotaped chronology of the case from both the plaintiff and defense perspectives. The chronological approach is important because it allows jurors the freedom to tell us what facts will be important to them during deliberation, unencumbered by “best guess” argumentation that may or may not be effective.
Questionnaires administered both during and after the presentations tap jurors’ hidden biases, their verdict preference and the amount they would award in damages. In addition, we learn which facts and issues jurors find most salient and those which they are likely to find obscure or confusing.
After reviewing the data, LGA Litigation Strategists’ staff develop strategic and tactical recommendations based on the findings.