“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