Almost overnight, we all noticed the language shift in the email subject lines in our inboxes. Comfort and safety became common buzzwords, and “we’re all in this together” became a familiar phrase. We received dozens, if not hundreds, of messages touting companies’ soft pants, cozy blankets or hygienic takeout options. New words such as quarantini*, covidiot** and super-spreader*** became part of our everyday language.
Still, just two months after the head of WHO unveiled the name COVID-19, our language has been forever changed, and your jurors have already adopted this new everyday vocabulary.
We have always emphasized the importance of using language that resonates with jurors, echoing the words that they choose to use in everyday life, and especially avoiding polarizing words or phrases. There are so many that immediately communicate a person’s political leanings or perspectives – think those who reflexively use the term “fake news” versus those who refer to President Trump as “45.” In recent weeks, those identifying terms have expanded to include “Chinese virus,” which if used in some jurisdictions could incite a near riot in the courtroom.
In the coming months, we will be paying close attention during our research to the words that participants use when talking about COVID-19 and its impact on their lives and worldviews. We expect the effect to be significant for all kinds of litigation, especially employment and medical malpractice cases, as well as how jurors evaluate damages claims. From our perspective, this is part of the reason it is so crucial to do research in your jurisdiction (or a representative substitute), so you can adopt the lingo of your jurors and weave it into an effective story.
For now, we will leave you with another COVID-19 term – the German word hamsterkaufing, meaning people who buy provisions to hoard them, just as hamsters stuff food in their cheeks. It may not be a word that you ever use at trial, but hopefully there’s no chance of offending any of our readers.
Contact Senior Vice President Claire Luna at cluna@juryimpact.net if you want to discuss the impact you’re seeing of COVID-19 on litigation, or how we are able to conduct focus groups in a virtual setting with a format identical to the in-person sessions you value. We would love to hear from you.
*an alcoholic beverage consumed while in self-isolation
**someone who flouts social distancing guidelines
***a person who spreads the virus to a larger-than-average number of people
To be sure you’re receiving the latest Things articles to your inbox, make sure to add us to your contacts.
With all in-person projects postponed until June at the earliest, we have turned to web conference focus groups to address our clients’ research needs in a timely fashion. Even while travel and courts are at a standstill, there is still a strong interest in developing case strategy – especially when mediation and settlement deadlines are looming this summer.
Through Zoom and our Instant Response technology partner, we have developed an effective and innovative way to conduct focus groups that allows the same kind of challenging, juror-driven discussion you love from Jury Impact but through remote technology. Juror predispositions, case facts, arguments, witness videos and damages can all be tested while you observe and communicate with our backroom analysts to make sure the research stays focused on your priorities.
Jurors are craving both social interaction and financial compensation right now, and this format allows your trial team to safely explore their perspectives through virtual-only research. Contact us for more information on this approach, or a no-cost webinar to see exactly how this works.
