Here are some tips from seasoned trial consultants:
Develop a solid theme.If there’s one thing jurors should take away from an attorney’s presentation, it’s their theme. The theme can be easily answered by the question, “What is the case all about?” It should be simple and easy to remember, yet at the same time, be able to move jurors to see the case from the client’s perspective. The theme should then be repeated throughout the different stages of the trial, from opening statements all the way to to closing arguments.
Show, don’t tell. Litigators should never underestimate the power of demonstrative aids. Well-crafted videos, illustrations, and infographics, among others, can go a long way in getting jurors to understand the client’s position better. The most effective visual aids adhere to the principles of information design and are the results of meticulous research. It’s also important to keep equipment current to avoid hitting any snags during the presentation, which can cause attorneys to lose momentum.
Know the audience. Any attorney worth their salt will conduct exhaustive research on their jurors. This research should allow them to develop themes and arguments that are tailored to move even their staunchest juror. Apart from helping attorneys craft their content, knowing the audience also allows them to determine the best way to deliver it, from determining the type of language and tone to use to striking the right balance between logic and emotion.
Test and practice. When deeply invested in something, it can be hard to view things objectively. This is why themes and arguments need to be tested, whether during voir dire, or through focus group discussions and mock trials. Once these have been refined and possibly even revised, then attorneys need to keep practicing their presentations so they can deliver these compellingly even without any visual aids.
Be respectful. It takes a certain level of self-awareness to accomplish in a high-pressure environment like a courtroom. Some litigators donot realize that things that appear trivial on the surface - such as the choice of words or a spike in tone - can rub people the wrong way. Jurors are human, and showing disrespect in the courtroom - whether to them, the judge, or even opposing counsel - can run the risk of them developing a bias against the client and their position.
Enlisting the services of trial consultants is the first step in crafting effective courtroom presentations. With over 10 years of experience working across multiple practice areas, Dubin Research & Consulting (DRC) is the trusted partner of many of the top litigators in the country. For more details, log on to DubinConsulting.com.
