Friday, August 2, 2019

Win Juror Votes with Witness’ “Can Do” Attitude


When your primary witness is the plaintiff, said witness is likely to complain on the stand, elaborating a litany of  “He/she/they done me wrong.” Perfectly understandable; why else would your client have brought suit? However, to juror ears, an unending stream of complaints sounds like whining, and jurors don’t like whiners.

Jurors prefer people who, despite their misfortunes, are valiant, are giving their lives the best shot they can. No, your plaintiff client needn’t stiff-upper-lip it to where they maintain through gritted teeth/wired jaw; “All is well.” That isn’t their current reality. Instead, show that your client is valiant by making sure, during direct, to reveal the ways in which your client is doing the very best that they can to survive/heal/improve their situation despite horrendous odds.

Now you have a potential winner in juror eyes, not a whiner-loser.

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