“What Juries Really Think”

DO YOU WANT TO KNOW

What JuriesReally Think

How do you Persuade?

Move Others to Action-Laugh-Cry-Think

Everything You Do or Sayis Designed toConnect with

the Jury

Persuade

• Stories• Visuals• Metaphors

Jury Recall

Showing Telling Both

Within 3 hours 70% 60% 85%

After a few days 20% 10% 65%

Show and Tell is the Key

Know Your Client

• First impression• Attire

• Ability to express – articulate story

• Likeability factor

• Credibility – Honesty

• Expectations

Know Your Client

• Hire investigator– Start immediately– Background check

• Verify medical information

Know Your Opponent• The Opponent

– Investigation

– Background check – credit

– Corporation

– Partnership

• Opposing Counsel

– Other attorney

– Yellow pages

– Web site

Jury Statistics

Age Gender Education

18-24 8% Male 46% Elementary 1%

25-34 18% Female 54% High School 35%

35-49 41% College 44%

50-69 32% Grad. School 20%

70 4%

Jury Statistics

Ethnicity Income LevelCaucasian 80% Less than $10,000 6%

Afro-American 15% $10,000 - $19,999 7.9%

Hispanic 1% $20,000 - $29,999 16.4%

Asian 1% $30,000 - $39,999 18.32%

Native American 0% $40,000 - $49,999 14.62%

Other 1% $50,000 - $74,999 21.23%

Over $75,000 13.47%

Jury Selection

• Remember who they are• What do they expect?

Jury Selection

• The Truth– Will they tell you the truth?– You know them all– All people are prejudiced

Mock Juries

• No matter how good we are – we still think in the same way

• The jury will think in ways different than you

• They will give you tons of sub themes

Evidence

1) Your weakest points

2) Your second strongest point

3) Most controversial issue (no matter who it effect)

Ethnic Background

Plaintiff

Defendant

•Blacks•Hispanics•American Indians•Irish•Italians

•Northern Europeans•Non-Immigrant Orientals

Jury Service

Plaintiff – First Time

Defendant – Experience Juror

Sex

Plaintiff – Opposite Sex of Client

Defendant – Same Sex as Client

Grooming

Plaintiff – Long Hair, Ungroomed, Casual Clothing

Defendant – Short Hair, Well Groomed,

Well Dressed

Jury Selection

• Do we hire jury consultants• What about Summary Jury Personnel

Jury Selection

Open ended

• Does anyone know Dr. Smith?

• Heard anything about him

• Anyone undergone bad medical procedure?

• Bad feelings about banks

Leading Questions• Lead on key issues in your

case• Reasonable person• Love people who take

personal responsibility

Jury Selection

1) They will lie

2) Not much from direct questions

3) Indirect questions

4) Books

5) Political background

6) Real life experiences (Teach gave me a “C”)

Power Lunch

What JuriesReally Think