Monday, November 26, 2007

Educating the Jury

One of the most difficult challenges that a trial lawyer faces is having to educate the jury on a complicated issue without talking down to them. Trial lawyers know that the average education level of a jury is about high school. So if there are some complicated forensic issues or legal technicalities that pertinent to winning in the courtroom, you need to find a way to explain the issues and educate the jury with out talking down to them and insulting them. Because once they are insulted and don't like you, they share that opinion of the client and it's harder to get the verdict you're looking for. So how can you overcome this challenge? You need to be able to develop their CASE.
In your opening and closing statements (and you can even weave this into your cross examinations), you need to have at least one of these four elements: Comparison, Analogy, Story, and/or Example.

1.) See if you can compare the scenario to something similar. That way instead of thinking that the information is too complicated they'll have an easy comparison to which to reference.

2) An analogy will help when you don't have anything similar to use for the comparison. You may have to think a bit outside the box for this one, but an effective analogy can do wonders. Take the elements of you difficult subject (the source) and apply them to a to elements of a, seemingly, unrelated subject (the target). The relation between the source and target will stay in the jury's minds clearly and they won't be confused. When developing your analogy, be sure that you pick a target that have a sufficient amount of similarities and that the target is something fairly well known and understood.

3) A story can take you a long way. Please feel free to read the numerous blog entries on this site and articles I've written on effective storytelling at PresentingMatters.com. The techniques and skills can easily be applied in the courtroom.

4) Examples can be a mixture of comparisons and analogies. The term "for example" makes people pay attention. You can even pull different examples to make your point as well as find examples to use to show the contrast between your side and the opposition.

Developing a CASE is so often overlooked in the courtroom. Trial attorneys are inclined to simply pass on the facts, but the facts aren't good enough. If a subject is complicated and confusing to a jury, they need something to anchor it to so they can understand. When trial attorneys become effective communicators, then they are more likely to win over the jury and win their case (small pun intended).