Enhancing Your Legal Practice With Qualitative Group Surveys

If individual interviews cannot or will not be used by an attorney to gather client information, a group interview or "focus group" is an effective option. In the case of firms and even practice groups, the technique uses panels of clients to focus on broad concerns.

Focus groups are loosely structured meetings with a third-party moderator. The selection of a qualified and experienced moderator is vitally important for ultimate success. The moderator's experience does not necessarily need to be specifically as a focus group facilitator, but should include extensive experience with group dynamics. The moderator's qualifications should include an understanding of the challenges of the legal profession.

Using an attorney from the firm or someone affiliated with the firm is not normally recommended.
The moderator's challenge is to keep the discussion moving, yet focused on client-related concerns. He or she needs to draw out the shy as well as control the aggressive participants so that participation is relatively well balanced. The moderator and the participants should have copies of the discussion agenda. Other issues might include:

• Are you generally satisfied with your legal service?
• Are there ways in which the attorney could improve?
• How did you choose your attorney?
• Do you feel your attorney fully understands your needs?
• Would you recommend your attorney to someone else?

Often the inexperienced moderator will have a list that is too long to be practical. Normally, a group can only attack a very short list of items adequately. The inexperienced moderator can also tend to get unduly nervous and talk too much using his or her overly long list, inadvertently squelching discussion.

A recording device (either audio or video, depending on the comfort level of the participants with the method selected) is helpful for review and analysis, as well as editing for later use. The recording must be of good quality since transcriptions will be valuable for later study. Pretesting the recorder is highly recommended, including the placement of microphones, so that all participants will be recorded clearly. Multiple microphones may be necessary to record all remarks.

The moderator should explain the purpose of the resulting recording (transcription, study, etc.).The value of transcribing recorded remarks is that all information will be extracted, including comments which might otherwise be lost in nuances or non sequitur remarks.

THE FOCUS GROUP SETTING

The value of focus groups is in the creative synergy developed by bringing together people with presumably similar interests. Everything possible should be done to enhance that atmosphere. Physical arrangements should be well lit and comfortable. A roundtable seating arrangement has proven to be most conducive to discussion. Paper and pens should be provided for participants to make notes for themselves. Refreshments such as coffee, tea, and soft drinks should be available, but no meal should be furnished at that time since a meal tends to make the meeting too social. A neutral setting such as a club or hotel room is preferable.

There should be no distractions. Possible distractions could be a room with an outstanding view or noteworthy pictures on the wall. All outside interruptions, such as ringing telephones or room service, should be avoided during the course of the discussion.

MEETING LENGTH AND PARTICIPANT SELECTION

To be most effective, the focus group should meet for 60 to 90 minutes. Less than 60 minutes prevents the full development of ideas while longer than 90 minutes results in loss of attention. Offering a meal following the discussion is an appropriate token of appreciation and also a chance for members of the group to socialize.

Six to 10 people should constitute the group. Each should represent the attorney's ideal client criteria. If the attorney wants to market services to a particular audience, the attorney should have the understanding of that audience provided by this type of research. A logical first focus group could include the attorney's leading clients, if they match the ideal criteria.

If the attorney wants more information than is provided by the first focus group, additional meetings should be planned. Participants in these additional meetings could include particular practice area segments or non-clients drawn from a client group the attorney may want to attract.

MEASURING FOCUS GROUP SUCCESS

Success should be judged in terms of the breadth and depth of client feelings expressed. From the attorney's first efforts in this area, subjects will likely be uncovered that will warrant further exploration in future focus groups. Because the focus group method is considered qualitative research, little statistically reliable data are provided since only a small number of people is involved. In terms of statistics, focus groups are often used to define issues which warrant quantitative research.

One in-house marketing director used focus groups to find out how clients felt the practice could improve. By playing audiotapes for the attorneys, they could learn client perceptions in very candid terms. The attorneys learned a great deal about issues of communication and access, response, and billing as well as client feelings in relation to parking, the reception area, and a host of items which seemed small. The attorneys realized that if these "small" issues were not of importance to the clients, they would not have been mentioned.