There’s a reason why case themes of “greed” – be they
launched at corporate defendants or over-reaching plaintiffs – work so well
with juries. Fundamentally, jurors prefer the moral high road, and as such,
they don’t want to reward “greed.”
But you don’t always have such a convenient case theme handed
to you. Often, you need to ferret out the theme from the facts of the case. You
will be best served, in terms of convincing your jury, when you look for themes
that elevate the case to a higher cause. It is rare to engage a jury
emotionally, for example, by simply arguing the specifics of whose vehicle
rammed into whose in a personal injury case. You increase your chances of
winning a large award for your client, or conversely, of defending your client,
if you raise the theme to a moral issue: for example, irresponsible drivers or
the state of automobile safety.
These are concerns that virtually all jurors have, and with
which they can connect emotionally. That emotional connectivity is what sways
their minds and hearts--and thus their verdicts.
Presenting jurors with the opportunity to make their
community safer for drivers and pedestrians alike, or to prevent needless
deaths, gives them the opportunity to right a clear-cut wrong. It’s a morally
rewarding choice.
Common sense dictates that you can’t simply pluck an
emotionally compelling theme out of thin air. It must emerge from the facts of
your case. But you certainly can be on the lookout for a theme which promotes a
higher, and thus more persuasive, cause as you examine the facts and evidence
in your case.
