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Effective Communication in the Courtroom
by Donna Siers & Rick Kraemer
INTRODUCTION
Listeners always determine the meaning of communications. Since our thinking
includes a visual component, imprecise words encourage jurors to conjure up
their own images of the facts–based on what they think they've heard.
When pictures or icons are used to illustrate a point, everyone
sees the same picture and retains a similar image.
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To obtain a verdict, at least nine jurors need to have the same mental image;
the goal is for all the jurors to view the case in the same way as the lawyer
does.
COMMUNICATION STATISTICS
Lawyers are fact oriented; juries are perception oriented. Studies reveal that
jurors are influenced primarily by what they see and secondarily by what they
hear. The right picture, diagram or icon is often the key to influencing a
juror's thinking.
EFFECTIVE COMMUNICATION
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Step 1: Know the facts and details of the case.
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Step 2: Decide what to focus on.
Identifying and considering how to work with jury bias is imperative. Jurors
enter the courtoom with an anti-plaintiff bias. They have preconceived ideas
about how the system works, who should be responsible, and who benefits from
trials.
During voir dire, a lawyer must try to eliminate those potential jurors who have
obvious biases that will prevent them from clearly seeing the issues. During
the trial, a lawyer must work effectively with the biases inherent in the
belief structures of the members of the trial panel.
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Step 3: Decide how to focus the jury on the details by showing them visual
images that illustrate your conclusions.
Overcoming jury bias with properly designed graphics
Good design, layout, and color choices will help "sell" your story to the jury.
Properly designed graphics will help you and the jury to stay focused on the
right details. Utilizing the appropriate media will influence the jurors'
opinions.
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