The Jury and GenXers

GenXers are getting older. They are the generation bumping up against the Boomers who are slowly but surely on their way out. Which means you are seeing more of them in the jury box – individuals born between roughly 1961 and 1981, who are now in their late 30’s to mid 50’s. They are no longer entry-level hires, they’ve moved up into managerial or supervisor ranks, or commonly, headed off into entrepreneurial ventures of all types and sizes.

Why does this matter to you? 

GenXers are still among the more skeptical, if not downright cynical, generation. Thus, when it comes to liability, GenXer skepticism tends to favor defense because GenXers aren’t particularly emotionally swayed. They require more data, more evidence and the science behind it in order to find liability.

Liability is a major obstacle for plaintiff’s attorney when arguing in front of GenXers, so if your jury box is loaded with GenXers, be sure to back up your every argument with as much documented evidence as possible.

The downside for defense is, once GenXers are convinced of liability--especially GenXers in their late 30s and 40s--they will award higher damages than any other generational group. GenXers believe that people should be held accountable for their own actions. Awarding substantial damages is a way of holding people accountable.

The solution is the same as for plaintiff--but in the opposite direction. As defense, do everything you can to back up your arguments countering liability with documented, “hard” evidence, so as not to be hit with a big award.

Use Body Language to Mask Panic

Photo: Karen Neoh

Trials are often minefields, with bombs (whether large or small) exploding in your case just when you thought all was going smoothly. Your witnesses blunder, get trapped by opposing counsel, judges make decisions unfavorable to your case, etc.

But here’s the thing: no matter what is going on, you can’t let jurors know that things aren’t still going your way. And the most common way you let on, is by reacting with surprise. Not good! Jurors feel that you should know everything about the case if you are truly well-prepared, and they tend to evaluate your reaction of surprise as unprofessional. You need to find a way to mask your “Yikes!” if you are to continue to appear credible in the jurors’ eyes.

A primary way of covering your reaction to the unexpected is to use the following specific body language: simply drop your head down a little, to one side, as if thinking something over or consulting your notes. Once you’ve recovered and know where you’re going, simply raise your head, re-connect your eye focus, and resume from where you left off. Jurors will be left with the very credible impression of a lawyer who takes the time to think, rather than the unfortunate and not-credible impression of a lawyer panicking.

A Simple Tool with Mighty Consequences: The Phrase

How you say what you say is every bit as important as the “what,” the substance of whatever it is you are communicating. Spoken language is decidedly not the same as written language, and lawyers, as accustomed as you are to written language – your daily drill – do not always attend to the expressiveness of their language as much as would be to their benefit.

There are expressive techniques to help jurors understand and appreciate what you have to say in the way you want them to. In other words, to help you be more persuasive. One of the most critical and easy-to-use techniques is phrasing.

Phrasing is the grouping of words together in logical fashion, with a slight pause on either side of the phrase, so that your thought can be easily grasped. Phrasing is how you make sense out of what you are saying, as opposed to indulging in the run-on sentences perfectly acceptable in written communication (like this one!), but lacking forcefulness when spoken.

Think of what you have to say in terms of phrases. Express a single thought, in about 5 to 7 words, pause, and then express your next thought. The jurors will follow your thinking with minimal effort and be much more readily persuaded.

photo credit: RosarioEsquivel gavel por SalFalko via photopin (license)