The Litigation Psychology Podcast

#331 - Using Early Jury Research to Guide Discovery

October 5, 2026·43 min
Episode Description from the Publisher

CSI Litigation Consultant Sarah Burton, Ph.D. joins Steve Wood, Ph.D. to discuss early jury research. Sarah shares details about a case in which she conducted a focus group very early in the case, while discovery was still open, to understand what jurors thought about an important piece of evidence that the defense was expecting to base their case on. And it turned out that this evidence was not important to the jurors - they understood the evidence, however, they were not persuaded by it which led the defense team to have to rethink their strategy for discovery and beyond. Early jury research can help guide and inform what the legal team focuses on that matters to jurors vs. what they may assume is important or relevant. Sarah and Steve also touch on how they handle angry witnesses. Lastly, Steve and Sarah talk about the Test/Retest focus group format and how it aids in testing whether liability should be admitted or not, testing specific pieces of evidence that may or may not come in, testing anchors and counter-anchors, and more. Watch the video of this episode: https://youtu.be/MEtNtkNpKi8

Podzilla Summary coming soon

Sign up to get notified when the full AI-powered summary is ready.

Get Free Summaries →

Free forever for up to 3 podcasts. No credit card required.

Listen to This Episode

Get summaries like this every morning.

Free AI-powered recaps of The Litigation Psychology Podcast and your other favorite podcasts, delivered to your inbox.

Get Free Summaries →

Free forever for up to 3 podcasts. No credit card required.