Showing posts with label reaching jurors. Show all posts
Showing posts with label reaching jurors. Show all posts

Thursday, January 31, 2019

Reaching Jurors on Different Levels



A successful lawyer is one who knows how to persuade jurors, that much is obvious. What is less obvious is that jurors are persuaded on several different levels. One level that is often ignored is the difference levels in how we each perceive information, our unique perceptual modes.

An individual’s perceptual mode determines the primary way that individual perceives events and situations: we see it, hear it or feel it. That is not to say that people who favor a visual mode, for example, only experience the world through their eyes. Rather, they first and predominantly experience the world in visual terms. Visually oriented people make use of the auditory and feeling modes, but only secondarily.

How does this apply to the courtroom?

Each of us tend to express and receive information in our preferred perceptual mode, to the relative exclusion of the other modes. Many men, for example, are visually oriented, and thus are focused on the visual. Women are frequently more kinesthetically (feeling) oriented, and relate to kinesthetic expression.

Figure out how you see the world: are you more likely to say “I see what you mean” “I can’t picture it” (visual), or “that sounds good to me” “Doesn’t ring a bell for me” (auditory), or “I understand how you feel” “I want to get a handle on this” (kinesthetic)?

Deliberately express yourself in all three modes during trial; make a conscious effort to communicate in those modes that are not your predominant one. In so doing, you will more effectively reach and therefore persuade all the jurors, not just those who resonate to your native mode.

Monday, February 3, 2014

Address Americans’ Overriding Concerns: Safety & Trust



An unfortunate statistic came to light recently: the United States now leads all other countries in terms of anxiety. Fully 31% of our population will experience an anxiety disorder during their lifetime, according to the World Health Organization. Contrast this against the 4.8% of the Chinese population (one of the lowest) or even the 25.3% of the Columbian population (the next highest to the USA).

We live in one of the most affluent societies in the world, and yet the majority of our population does not feel safe. Safety is, put bluntly, Americans’ overriding concern.

How does this matter to you? Whether you are plaintiff or defense, you must take into account how your jurors will perceive the safety factors inherent in your case. This does not merely apply to product liability, med mal or personal injury cases, where safety concerns are usually obvious. This applies equally to business contracts cases, disputes over IP, even eminent domain.

Safety, you see, isn’t just about physical safety. Safety is also about emotional safety, the ability to trust--to trust self and others, to trust those we deal with day to day, be they drivers or doctors or everything in between, to trust businesses, corporations, and other institutions. When you can’t trust someone or something, you don’t feel safe.

Americans’ overriding concern is safety. Pay attention to the safety and trust issues in your case, and address them appropriately.