Do We Lawyers Really Know It All? What About The "Focus Group"?

Trying a business case to a jury presents unique and sometimes difficult challenges. As commercial litigators, we're trained to develop the facts (or the parties' versions thereof), research the applicable law, and, most often, present a persuasive argument to the judge as the trier of fact and the arbiter of the law.

It's not that we're unconcerned about the judge's background, experience or biases. But, generally, we know judges, or believe we know them, from prior trials, hearings and motions, from written opinions, and from "scouting reports" that we obtain from our colleagues in the local bar. Based on this universe of available knowledge (hearsay and all), the business litigator then develops a plan to present the client's case to that one person in the judicial robes.