Answer a Primordial Question for the Jurors: Who?

The names, acronyms and abbreviations so familiar to you, are not to the jurors. You may think that by saying, for example, “Acme Building Supply, which we’ll now call ABS for convenience” is enough to warrant saying “ABS” through the rest of your trial.

But “ABS” has no guts to it, has no uniqueness, no personality, as it were. As laborious as it may be for you to repeat the full appelation, “Acme Building Supply” has a history. It’s associated with events, persons--it has a life. “ABS” is just another bit of alphabet soup.

Be sure to use full names of persons, entities or objects throughout your trial. Avoid the use of pronouns or abbreviated references. Jurors often have trouble keeping track of who did what to whom. They will be totally lost if they must also concentrate on which "he," "she," or "it" you are now referring to. Certainly, well-known abbreviations are acceptable, but generally speaking, abbreviations used too often only serve to confuse jurors. A confused juror is an unsympathetic juror. An unsympathetic juror is the one who could cause you to lose your case.

Use Repetition to Drive Juror Acceptance of Your Case

When the jurors troop into the jury room for deliberations, every litigator’s dream is that each of them would, individually, spout your case theme/key points so that group consensus in your favor is inevitable.

But how do you get them to do that? By presenting a targeted, credible and compelling case. That’s a given. In addition, put the power of repetition to work for you.

Research by K. Weaver and colleagues shows that repetition, even by the same person or organization, is highly impactful: “…when an opinion is repeatedly broadcast at us by the same organization--think of a particular media conglomerate or an advertiser--we’re likely to come to believe it represents the general opinion. That’s despite the fact it is analogous to the same person repeating themselves over and over again.”

Not only should you, the trial attorney, repeat your themes and key points throughout your opening, examination of witnesses, and close, but all your witnesses, expert and lay, should be encouraged to include case themes and key points in their testimony.

Repeat, repeat, repeat! When you and your witnesses are consistent in broadcasting the same message over and over again, jurors are far more likely to accept it as the general opinion and adopt it as theirs.

Want Powerful Testimony? Science Proves the Power-Sit’s Impact!

I have long encouraged witnesses to adopt the “Power-Sit” position I developed after observing juror responses to witness body language.

Simply put, the witness sits with their rear planted firmly in the “L” of the chair, which assures good posture without having to think about it. They then are asked to avoid leaning to the left or right, and to keep their back in contact with the back of the chair at all times. The impression jurors receive from the “Power-Sit” is that of a confident, straightforward, credible witness – one whose testimony is far more likely to be believed than the testimony which issues from a witness who slumps, or leans to the left or right, or aggressively forward, to give but a few examples.

Now I’ve always known the impact of the “Power-Sit” on juries, but what I didn’t know, and science has recently discovered, is the impact of the “Power-Sit” on the witnesses themselves. According to Harvard Social psychologist Amy Cuddy’s recent research, “assuming a high power pose for just two minutes before the job interview, the body would generate hormonal changes that corresponded with feeling empowered, comfortable, and less reactive to stress.” In lay-person’s language, the person him/herself experienced greater confidence, ability, and comfort.

What a platform for effective testimony! The stronger your witness feels, the more likely they are to testify well, and the better their testimony will be received.

And all it takes is a little attention to your witness’s body language.