1 how you can win friends & influence juries how to bullet-proof your business by understanding...
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1www.KirkWillis.com
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 sTexas Super Lawyer
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Corporate Justice• My path to
Texas Super Lawyer and more
SuitBecoming a lawyer12 Strangers
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Stop letting 12 strangers determine your future
waiter perceptionchild afraid of darkbig concern
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What is your legal concern?
• What keeps you up at night?
• What is the biggest complaint that can lead to a lawsuit?
employer trustkiss and tell-what e-mailcost
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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
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Jury Trial 101• We start with the end in mind
abcawareness basic plan protection close gaptv bad
1)Jury Selection2)Opening3)Evidence4)Defense case5)Rebuttal6)Closing
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The problem with too much TV
If it doesn’t make sense - It can’t be true.
Witness and evidence must be one.
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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
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Know Your Client
• First impression
• Attire
• Ability to express - articulate story
• Likeability factor
• Credibility
• Expectations
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The role of judges
• How much of the outcome is determined by the judge?
diligence on judgecontributions, school, prior workknee jerk
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Action/Reaction
• How many of us have ever been sued?
• What is your knee-jerk response to the threat of a law suit?
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Know Your Opponent
• The Opponent– Investigation– Background check – credit– Corporation– Partnership
• Opposing Counsel– Other attorney– Yellow pages– Web site
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How successful juries are created
community membersjury recall
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Jury RecallShowing Telling Both
Within 3 hours 70% 60% 85%
After a few days 20% 10% 65%
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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%
care and feeding
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The care & feeding of juries
• Picked with care • Fed with information
educateindoctrinate
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Checklist for jury trials
• Winning Companies
1. Indoctrinate
2. Educate
3. Eliminate
cultureexample jury selectionemployees check list
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Checklist for jury trials
1)They will lieNot much from direct questionsIndirect questionsBooksPolitical backgroundReal life experiences (Teacher gave me a “C”)
statistics
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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%
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Cookin’
• Some things go together
• Some things do not
females-bar fightemployment casehandling jury
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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 communicateage-how learn
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The perfect jury
• Don’t choose the perfect jury
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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
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What lawsuits can cost
• Lose insurance• Can’t walk into
better A rated company and get best coverage
• No claims get better rates
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If threatened with a lawsuit -
• Do you write them a check?
• Or fight?
consultations worktraining end in mind
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Jury Trial 101
6
• We start with the end in mind
abcawareness basic plan protection close gaptv bad
1)Jury Selection2)Opening3)Evidence4)Defense case5)Rebuttal6)Closing
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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
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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
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Catch Phrases
• They work• “If it don’t fit”• Death bed confessions• Keith Sweat
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FIGHT BACK IN THE COURTROOM!