Chicago Trial Attorney Katherine A. Cárdenas tells an audience of The National Trial Lawyers ● The elements of a focus group ● The preparation required ● The presentation of the case ● What I learned about being an advocate ● Why you need to conduct a focus group on your big cases ● Cost

1. Katherine A. Cárdenas
Law Offices of Lucas & Cárdenas,
P.C.
Chicago, Illinois 60602
312-781-0082
KAC@lucasandcardenas.com
Why you should present your case
to a focus group
Presented by The National Trial
Lawyers
November 30, 2016

2. Katherine A. Cárdenas
 20+ years of experience
representing clients who suffered
debilitating injuries
 Multi-Million Dollar Advocates
Forum
 National Trial Lawyers Top 100
Trial Lawyers
 Loyola University Chicago
School of Law

3. Outline
 The elements of a focus group
 The preparation required
 The presentation of the case
 What I learned about being an advocate
 Why you need to conduct a focus group on your
big cases
 Cost

4. The elements of a focus group?
 The moderator – Eric Oliver
 The location – Chicago, Illinois
 Recruitment of participants
 Participant Incentives
 Confidentiality
 Project timeline

5. The preparation required
 Plaintiff’s case in chief
 Open
 Key Witnesses
 Video taped testimony – use actors (staff) if needed
 Exhibits
 Closing statement
 Defense case in chief
 Opening
 Key Witnesses
 Video taped testimony – use actors (staff) if needed
 Exhibits
 Closing statement

6. The presentation of the case to the
group
 Introduction of the case by the moderator
 1st Questionnaire
 Plaintiff and Defendant Opening Statements
 2nd Questionnaire
 Witnesses
 3rd Questionnaire
 Closing Arguments
 4th Questionnaire
 Deliberations
 Final Questionnaire

7. What I learned
 Conducting a meaningful focus group takes a lot
of time and effort
 Preparation should be 1 month prior to focus group
date
 As you are compiling your witnesses and exhibits
for FG be simultaneously assigning motions in
limine and trial briefs on issues that come up
 Voir Dire – Ask questions to exclude the mindset
you cannot change
 Trial
 Complete focus group at a minimum of 45 days
before start of trial
 Re-framing your case from opening to close

8. What I learned, continued
 Every case has a story but how you present the
story changes the way the fact finder rewrites your
story
 Visuals – which ones are essential – which ones
you can do without
 Indirect invitation to follow you in the story
 Settlement
 Reinforced confidence in your case
 Judge was impressed with the findings

9. Why you should conduct a focus
group
 Your view of the case is often distorted
 Participants may find a defense compelling
 You need to know why
 Your arguments may not be convincing
 How can you change your presentation?
 Your client may not present well
 Will more prep help?
 Face your problem areas head on
 Commonly known biases need to be faced
 Complex issues may not be easily understood

10. ATTORNEY WORK PRODUCT
 Work product
 Illinois S. Ct. Rule 201 - Material prepared by or for a party in
preparation for trial is subject to discovery only if it does not
contain or disclose the theories, mental impressions, or litigation
plans of the party's attorney.
 A consultant is a person who has been retained or specially
employed in anticipation of litigation or preparation for trial but
who is not to be called at trial. The identity, opinions, and work
product of a consultant are discoverable only upon a showing of
exceptional circumstances under which it is impracticable for the
party seeking discovery to obtain facts or opinions on the same
subject matter by other means.
 Federal Rule 26 D) Expert Employed Only for Trial
Preparation. Ordinarily, a party may not, by interrogatories or
deposition, discover facts known or opinions held by an expert
who has been retained or specially employed by another party in
anticipation of litigation or to prepare for trial and who is not
expected to be called as a witness at trial.

11. Costs
 Actual cash expenditures
 $45,000.00 to $60,000.00
 For a million dollar case that is 6% of total value
 Man hours
 Attorney prep – 60 to 80 hours
 Staff – 40 hours
 Exhibits/Videos – recording and editing
 Approved expenditure in a disabled person case

12. Feel free to call me with any
questions
Katherine Cárdenas 312-781-0082