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Jury Research:  A Lawyer’s Ethical Considerations

Robert E. Ray, JD, PhD
Veritas Research, LP

Mock trials and focus groups provide attorneys an opportunity to learn more about how a “real” jury might perceive and understand their cases, to assess their chances of winning, to improve their trial performance and to calibrate damages.  Inherent in the research methodology are aspects of client confidentiality, attorney client privilege and work product privileges that may create unique ethical concerns for attorneys who conduct or observe the research and those who are consumers of the research results. In this interactive session of Just Ethics, trial lawyer and research psychologist Robert Ray will provide an overview of the basic types of jury research and discuss potential ethical pitfalls that attorneys may face in the process of conducting jury research.



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