A few years back, a Brigham City orthopedic surgeon (Dr. Dewey MacKay) claimed that the jury mistakenly convicted him of illegally prescribing medication because they neither understood the facts of the case, nor how chronic pain is managed.
Jurors interviewed at the time, however, said Dr. Mackay’s comments were misguided. The jurors were emphatic that they took every single count one by one and discussed each count in detail. Not only that, but the jurors explained that they used both the chalkboard made available to them as well as multiple sheets of paper to draw things so everything was visual for everyone.
This is not a one-time comment.
This is something I hear over and over again both in focus groups and from
jurors post-trial.
“So
everything was visual for everyone.”
That’s the key. That’s how you must be able to present your case if you are to
prevail: visually. Regardless of the nature of your case: personal injury, med
mal, construction defect, eminent domain, contractual dispute, intellectual
property dispute, whatever, you must be able to find ways to translate
testimony and facts into visual elements.
That means much more than
flashing deposition or other text on the screen. Visual rendition of testimony
means coming up with graphics, diagrams, and bottom line charts. It’s answering
today’s jurors’ constant need to “see it” before they believe it.
When you, the lawyer, provide
the jury with compelling visuals to clarify and emphasize your points, you pave
the way for the deliberations to favor your interpretation of the facts. This
is far better than relying on the jurors’ ability to render your points
visually, for they may or may not do so accurately.
For more Winning Tips, go to https://noellenelson.com/newsletters/newsletters-a-winning-tip/.
