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.

How to Create a Powerful, Persuasive Chart: KISS

Charts and graphs are among the most persuasive of the array of visuals you have available to you to bring your case home to jurors. As old-school as they may seem, well done charts/graphs can sometimes have more impact than hi-tech options.

Here’s a great example, created by the Prison Policy Organization.  

 

The chart explains itself. You hardly need any words to point out the higher USA incarceration rate. It’s a brilliant visual translation of a concept (“off the chart”).

What else is right with this chart?

- It only expresses one idea; the high USA incarceration rate.

- It is uncluttered; the bars and numbers tell the story, no need for icons.

- It follows the logical order people are used to; low numbers on the bottom to high numbers on the top.

- “Bold” font is used only for the title of the chart and the numbers, so people’s eyes are drawn to what is most relevant. They don’t have to figure out what’s the pertinent information, which happens most often when too many words/numbers are bolded.

- A single color is used for the bars, which highlights the importance of the longest bar. If different colors were used for the different countries, for example, the chart would lose some of its startling clarity.

Explain "Why" to Make Your Case Matter to the Jurors

In a courtroom, it isn't necessarily the attorney with the best facts who wins, but the attorney who best explains the relevance of those facts both to the case and to the jurors.

Certainly, you need solid evidence, but here we’re talking about what do you need to get the edge? What, given the usual state of affairs by the time a case gets to court where both sides believe their evidence is strong enough to prevail, can you do to give you the advantage over your opponent?

Explain why. Why does your interpretation of the facts make sense? Why should the jurors care that their verdict favor your client? Why should this matter to the jurors? How does it impact their lives (work, family, children, safety, etc.), preferably in an immediate and direct way?

Explain through your experts, your lay witnesses, and most importantly, your closing argument, and of course your opening to the degree allowed.

We invest in the personal, in that which strikes home. That's why stories have such impact, they touch the personal. So too with explanations - make your case matter, not just to your client, but to the jurors.