1 How You Can Win Friends & Influence Juries How to Bullet-Proof Your Business by Understanding What Juries Really Think & Do K i r k W i l l i s Texas Super Lawyer

2 Corporate Justice My path to Texas Super Lawyer and more Suit Becoming a lawyer 12 Strangers

3 Stop letting 12 strangers determine your future waiter perception child afraid of dark big concern

4 What is your legal concern? What keeps you up at night? What is the biggest complaint that can lead to a lawsuit? employer trust kiss and tell-what cost

5 The true costs of a jury trial $50,000 investment in preparation and research $12,000 in props and trial needs Up to two years in time working-up the case for trial Research into clients record keeping and interviews

6 Jury Trial 101 We start with the end in mind abc awareness basic plan protection close gap tv bad 1)Jury Selection 2)Opening 3)Evidence 4)Defense case 5)Rebuttal 6)Closing

7 The problem with too much TV If it doesn’t make sense - It can’t be true. Witness and evidence must be one.

8 Who makes the real decisions? Judge rules 1)You should work hardTry your hardestKeep your wordEveryone should have same chanceA wrong should be rightedBe Polite

Know Your Client First impression Attire Ability to express - articulate story Likeability factor Credibility Expectations

10 The role of judges How much of the outcome is determined by the judge? diligence on judge contributions, school, prior work knee jerk

11 Action/Reaction How many of us have ever been sued? What is your knee- jerk response to the threat of a law suit?

12 Know Your Opponent The Opponent –I–Investigation –B–Background check – credit –C–Corporation –P–Partnership Opposing Counsel – Other attorney – Yellow pages – Web site

13 How successful juries are created community members jury recall

14 Jury Recall ShowingTellingBoth Within 3 hours 70%60%85% After a few days 20%10%65%

15 Jury Statistics AgeGenderEducation %Male46% Elementary 1% %Female54% High School 35% % College 44% % Grad. School 20% 704% care and feeding

16 The care & feeding of juries Picked with care Fed with information educate indoctrinate

17 Checklist for jury trials Winning Companies 1. Indoctrinate 2. Educate 3. Eliminate culture example jury selection employees check list

18 Checklist for jury trials 1)They will lieNot much from direct questionsIndirect questionsBooksPolitical backgroundReal life experiences (Teacher gave me a “C”) statistics

19 Jury Statistics EthnicityIncome Level Caucasian80% Less than $10,0006% Afro-American15% $10,000 - $19,9997.9% Hispanic1% $20,000 - $29, % Asian1% $30,000 - $39, % Native American0% $40,000 - $49, % Other1% $50,000 - $74, % Over $75, %

20 Cookin’ Some things go together Some things do not females-bar fight employment case handling jury

21 What I have learned about juries You don’t persuade jurors You have to identify people who will come over to your side This is a teachable process know how to communicate age-how learn

22 The perfect jury Don’t choose the perfect jury

23 What juries really decide…. Your dollar amounts Your company name and reputation Your frame of mind Your time usage Your trust in the legal system

24 What lawsuits can cost Lose insurance Can’t walk into better A rated company and get best coverage No claims get better rates

25 If threatened with a lawsuit - Do you write them a check? Or fight? consultations work training end in mind

26 Jury Trial We start with the end in mind abc awareness basic plan protection close gap tv bad 1)Jury Selection 2)Opening 3)Evidence 4)Defense case 5)Rebuttal 6)Closing

27 In my consulting work for businesses, this is what I have learned we can do. Fight back Work smart when it comes to Jury selection Take a hard look at our business practices and clean house up front

28 In my consulting work for businesses, this is what I have learned we can do. Seek clarity on what is the right approach to take with the lawsuit Act as your partner in the process Develop winning catch phrase

29 Catch Phrases They work “If it don’t fit” Death bed confessions Keith Sweat

30 Thank You! Kirk Willis MEMBER

31 FIGHT BACK IN THE COURTROOM!