“What Juries Really Think”

DO YOU WANT TO KNOW What Juries Really Think

How do you Persuade? Move Others to Action -Laugh -Cry -Think

Everything You Do or Say is Designed to Connect with the Jury

Persuade Stories Visuals Metaphors

Jury Recall ShowingTellingBoth 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 –I–Investigation –B–Background check – credit –C–Corporation –P–Partnership Opposing Counsel – Other attorney – Yellow pages – Web site

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

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, %

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 Juries Really Think