Can Visuals Interfere With Your Argument/Testimony?

 

Our world has become a ‘world-in-pictures’ with virtually everything translated into a visual format, or at the very least, accompanied by an icon or picture of some related sort. Given this reality, litigators have been encouraged to create visuals and graphics to support the presentation of their case, to the maximum allowed by the Court.

All this is well and good, and indeed, has been proven effective in case after case. However, which visuals, and how they are designed to be most persuasive, can be elusive.

Lawyers are often tempted to load up visuals with as much information as possible, understanding that the visual is more compelling than the spoken word. In theory, this is accurate. However, you and your witnesses still need to be heard as well as visually represented. Too much information on any given graphic can lead to “inattentional deafness.” Simply stated, the more complicated and comprehensive the visual material, the less subjects were able to respond to what they heard.

This is true for jurors as well. Over-complicate your visuals, and jurors will not be able to absorb what you’re saying. If your case is such that you must present an information-loaded visual, be that in still or video form, be quiet while that information is imparted visually, at least for a few moments, and then speak, preferably with the information-loaded visual out of view. 

Create a Trustworthy First Impression

 

Personal experience tells us how powerful first impressions are. Indeed, research reinforces our innate understanding of first impressions. The study suggests it takes just 20 seconds to detect whether a stranger is genetically inclined to being trustworthy, kind or compassionate. That’s less than a minute for you, or your witnesses, to establish a credible first impression with the jurors, one which, once established, will be very difficult to change or alter in any way.

What was it about the strangers that led the study subjects to figure out whether or not the stranger was trustworthy? Very simply, the “trusted” strangers displayed more trustworthy behaviors – more head nods, more eye contact, more smiling, more open body posture.

All of these behaviors are easily accessible to any of us. For that matter, when you’re in a relaxed, comfortable situation with friends or family, you’re likely to display these very behaviors without thinking about it.

Allow yourself to present yourself to the jurors more as who you are with friends – trusting and therefore trustworthy, and encourage your witnesses to do the same. The only caveat is that smiles must be appropriate to the situation, and when in trial, the moments when it is appropriate to smile are limited.

Good Writing = Organized Thought

 

Good writing is good writing. It doesn’t matter if you’re writing the Great American Novel, a non-fiction work you’re sure will be the next best-seller, or an opening statement.

Good writing is good writing, and it starts from a simple premise. Organize your thoughts before you put pen to paper, or fingers to keyboard.

A solid opening statement should have no more than three key points you absolutely want to convey to your jurors. Each key point should be easily captured in one short sentence. You can elaborate to your heart’s content following that key point, but in order for your jurors to comprehend your elaborations, you must provide that point. It is called a “key” point for a reason. It provides the key to your ensuing arguments.

Why three key points, tops? Because three points is the number of points most easily retained by the human mind. You need the jurors to retain your points! The sequence of said points is simple. The most critical should be stated first, and the second most important stated last. Whatever is in the middle (unfortunately) may end up forgotten.