Dictionary.com
defines an analogy as “a comparison between two things,
typically for the purpose of explanation or clarification,” which is the very
thing that makes analogies so powerful in persuading jurors. Your jurors come
from a variety of life experiences, and may not have a clear understanding or
ability to relate emotionally to a given issue of key importance to your case.
An analogy is an efficient and effective way to accomplish that. For example,
the critical importance of cooperation on a surgical team may be compared to
that on a baseball team. However, analogies only persuade under certain
conditions.
1. Make sure your analogy suits your jury. If your jury is
young, analogies from the Depression or WWII will not only fail to have the
desired impact, they may bore your jurors. Not good. If your jury is primarily
female, sports-oriented analogies should be used sparingly. Respect the
life-experience of your jurors (most often revealed through juror occupations),
and tailor your analogies accordingly.
2. Make sure your analogy is accurate. If it isn’t 100%
accurate, opposing counsel will be quick to turn your analogy against you.
3. Avoid overstatement. An analogy is persuasive only if it
is backed up by your facts. When you seek emotional connection with the jurors
without paying sufficient attention to the logic underpinning your analogy, you
lose credibility.
