Focus Groups and Legal Malpractice

Focus groups for jury trials are becoming the norm now.  For years, they were seen as something to use for a large, high stakes trial.  Focus groups are generally used by attorney's to test out opening statements, how members of the public feel about certain portions of a case pretrial, etc.  I learned over the weekend that several legal malpractice providers are now writing into their policy that any case taken to a jury trial without at least one (1) focus group being done, voids coverage for any alleged malpractice.  This is an area to watch as focus groups may be the new standard of care in the legal profession in a few years.