You are often challenged to convey complex situations or
ideas, unfamiliar to your jurors, in a way that they will understand. A juror
who does not understand your point cannot be persuaded to your interpretation
of the facts. Understanding is the foundation of juror persuasion.
Analogies facilitate understanding by creating links between
the unfamiliar and unknown of your case to the known and familiar aspects of
your jurors’ life experience. Analogies compare ideas or situations which are
identical in some ways but not in others.
For example, let’s say that part of your case is that cooperation
of the nursing staff, hospital equipment supply chain, physicians, etc. is
essential to the success of a surgical procedure. You can compare such
cooperation to the cooperation required for the success of a baseball team.
Without the cooperation of every member/part of the surgical
team, the procedure will fail, just as without the cooperation of every
member/part of the baseball team, the team will lose.
Most jurors are familiar with how sports work, but not with
how surgical procedures are conducted. The comparison between the familiar and
the unfamiliar allows the unfamiliar to be understood in terms of what is
identical to the two situations. In this example, it’s cooperation.
It is worth your time and effort to come up with analogies
that truly facilitate comprehension of your particular situation. A good
analogy can make all the difference when it comes to that critical component –
juror understanding of your case, and with it, your ability to persuade them.
