Address Your Jurors’ Overriding Concerns: Safety & Trust

 

Did you know that the United States is near the top of all countries in terms of anxiety? The U.S. comes in a close second behind Greece in adult stress levels—55 percent according to the Gallup World Emotions Report. This number is 20 percent higher than the global average.

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, medical malpractice or personal injury cases, where safety concerns are usually obvious. This applies equally to business contract 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. Your jurors’ overriding concerns revolve around safety. Pay attention to the safety and trust issues in your case, and address them appropriately.

Who Has The Longer Attention Span? Your Jurors or A Goldfish?

 

--The average attention span of a human being in 2000: 12 seconds

--The average attention span of a human being in 2023: 8.25 seconds

--The average attention span of a goldfish: 9 seconds

Do I have your attention now?!

This is the unfortunate reality you are up against in the courtroom. A goldfish has a longer attention span than today’s average juror . . .

Our attention span has shortened as our world has become more complex, faster, more demanding, and more bite-sized. This is not a put-down of jurors or anyone else. It is simply a reality that is best dealt with, not avoided.

Short sentences, introducing a single idea in a single sentence, pausing between short paragraphs--these are techniques that will serve you well in assuring you retain juror attention.

Beyond that, use visuals. We have become a visually-obsessed society. We are geared to paying attention to visuals, rather than words. The good news is that when well-designed and executed, visuals can encapsulate lengthy explanations that the jurors can grasp in those critical 8 seconds, whereas the verbal explanation--albeit still necessary--may take hours to thoroughly present.