Directions: Read through the following statements. On a scale of 1-5 (5 being the highest), rank your level of agreement with each of the statements. When possible, avoid choosing #3, force yourself to lean to a higher or lower level of agreement.

* 1. Please answer the following:

* 2. Investigate the facts, but never leave them.

  1 2 3 4 5
1. We have a systematic approach for case preparation.
2. We know of emerging types of cases that we can attract and litigate.
3. We have interesting cases in new areas we have not taken before.
4. We rarely settle cases that will get results at trial.
5. We use a systematic approach for case selection.

* 3. Jury Research

  1 2 3 4 5
1. We work with trial consultants to strengthen our case.
2. We use data and science to know the best way to present our case.
3. Other firms seem to get better results than we get with similar cases.
4. We are as efficient as we can be in producing results in settlement or trial.
5. We are comfortable with various research techniques to understand our jury pool.

* 4. Case Core

  1 2 3 4 5
1. In four sentences or less we are able to explain our cases.
2. We have good attorneys and are trying every case we should.
3. Our cases have a well-defined theme.
4. We keep our focus on what will help us succeed for our clients.
5. We know the best visuals that reinforce our well-defined theme.

* 5. Trial Story

  1 2 3 4 5
1. We frame our cases in a clear trial story.
2. We informally test our trial story with an audience to determine effectiveness.
3. We use focus groups to get feedback on our case.
4. We use surveys and other data to shape our trial story.
5. We understand the difference between Legal Proof and Jury Proof.

* 6. Test and Modify

  1 2 3 4 5
1. We take time to "test drive" our cases with focus groups before mediation or trial.
2. We use "Concept Focus Groups" to find or confirm our Case Core and Issues.
3. We often re-frame our trial story based on focus groups and decision science research.
4. We use "Structured Focus Groups" to test our story.
5. We use mock trials to assess the effectiveness of our case.

* 7. Beliefs

  1 2 3 4 5
1. We use a systematic approach to determine what the jury must believe for us to win.
2. We use a systematic approach to determine what the jury can't believe for us to win.
3. We have a full understanding of the Jury Bias Model.
4. We use the Jury Bias Model in analyzing and preparing our case.
5. We keep up with Decision Science Research.

* 8. Top-Down Preparation

  1 2 3 4 5
1. We have won cases we could have lost.
2. Our appellate courts never reverse plaintiff verdicts we have won.
3. Discovery costs are well managed and we have the resources to properly litigate.
4. Our clients truly value the care and concern they receive from our firm.
5. We get most of our referrals from clients and other lawyers.

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