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Engage your Jurors!

Out of the hundreds of cases I have been involved with, the biggest mistake attorneys make is not engaging their Jurors.  Capturing and sustaining their interest is paramount in winning your case.  Graphics in the courtroom are now mainstream and can really reinforce your message, as well as stories and metaphors.  Which class did you prefer in school?  The one where the track coach read straight out of the book, or the class where the teacher invoked exhibits or a video into the lesson?

I worked on a bribery case for two years, hired by the Defense.  The key element we needed to translate to our mock jurors was that bribery is only bribery if there was an actual return of favor for the enticement.   The exchange has to include the "full circle".  A person an make some unethical and questionable "gifts" to a politician (for example).  However, it isn't bribery, unless the politician returns the gift with a deliberate favor. Explaining "quid pro quo" to a jury is like explaining Search Engine Optimization to my mother. We demonstrated this "full circle" by creating a graphic with a "B" in a circular graphic.  We also introduced stories that the juror could relate to, like offering a gift to a teacher...

We all want to be engaged and stimulated.  Even the most focused and scholarly juror will follow you better when you utilize graphics, stories and key words in your opening and closing arguments.  I have worked with firms that had prepared a PowerPoint presentation for the jury, but , in fact, had just put their script on the slides.  Each slide had paragraphs of writing--BORING!

When creating a PowerPoint presentation:
  -Keep the words at a minimum
  -Invoke graphics to reinforce the message
  -Keep it succinct

Always remember, less is more.  Edit your presentation 2-3 times to reduce redundancies and excess words.  You have such a short time to deliver your message, before a juror becomes bored and starts thinking about whether their child got home safely with the neighbor.  Look for obvious signs of boredom--lack of eye contact or, heaven forbid, yawning.  Look for moments when you pique the juror's interest.  Raised eyebrows or widened eyes usually demonstrate that you have just said something that really interests your jury.



This post first appeared on Best Trial Strategies And Practices, please read the originial post: here

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Engage your Jurors!

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