1. Jurors intake everything that happens in and around the courtroom as evidence. This means that everything you do (or don’t do) and everything you say (or don’t say) is considered by the jury in reaching its final decision. Jurors usually do not comprehend the jury instructions, tend not to distinguish among expert or fact witnesses, do not ignore the expensive jewelry that a lawyer is wearing, and speculate as to the implication behind any objections.

2. Jurors will bring their personal experiences and biases into evaluating and deciding a case, even if they can not relate to the information presented to them. Jurors will interpret an extremely complex or technical commercial contract or patent case in light of their own experiences with simple contracts and inventions or authorships.

3. Jurors will tend to disregard 90% of the information told to them in trial, and focus instead on the one or two items that stick out in their memory. Attorneys have been sifting through the 30 banker boxes of information for months, sometimes even years, before trial, but jurors get only a week or two to digest all of the information. Unfortunately, humans are not computers, and human nature being what it is, jurors have selective memory, and will choose to remember what information or evidence coincides or reaffirms their own value beliefs or biases. This is why demonstrative exhibits and theme development is so important.

4. Studies have shown that most cases are won or lost by the time opening statement is over. It is important to follow certain rules of communication, especially in opening, such as speaking in present tense, speaking about your opponent before telling about your own case, using words that invoke the senses and paint pictures; using analogies, rhetorical questions, reframing of issues, metaphors, cues for retrieval, simple language, commonly shared experiences; involving the jurors by using words such as “we see” or “don’t let them get away with doing this to us” or simply by matching the information presented with the juror’s background and value beliefs to make the connection in their heads.

5. A juror has an average attention span of approximately 1 minute before the boredom starts to set in and the mind starts to wander. Condense the information and deliver it quickly, tell a memorable story, and incorporate your theme so that you can go back to it throughout trial as an anchor. Make sure to include all of the jurors, and make eye contact.

6. There is a theory that suggests that jurors will focus on whatever topic is discussed first.
Some jurors tend to blame the victim in a case, so the attorney should inoculate the jury by first discussing the defense during opening. Jurors tend to filter out any information that does not coincide with their beliefs or expectations. Some jurors will actually insist that they do not remember any testimony or evidence being presented which would discourage their interpretation or viewpoints of events.

7. There are many psychological theories that can be implemented when trying to communicate effectively to a juror or be persuasive on some issue. For example, there is the locus of control theory which postulates that those with an internal locus of control will tend to blame the victim and hold the victim accountable or responsible for whatever happened to him/her. Alternatively, those with an external locus of control put a significant amount of faith in “luck” and outside forces. Knowing this about your jurors, which can be gleaned during voir dire, you can better structure your opening and closing arguments.

8. As most of us know, studies have shown that jurors tend to remember more if it is presented to them in a visual format. Thus, charts, graphs, timelines, pictures, document blow-ups, power point, videos, animations, etc. are crucial aspects of any trial.

9. Trial exhibits should tell the story, paint the picture, simplify the issues, answer questions, show cause and effect, and demonstrate time span involved. The exhibits should not only educate, but also help the jury to remember and emotionally feel the facts of the case. Exhibits are useful for waking the jury up, focusing their attention on key points, reinforcing issues, cueing the jury to remember certain facts, and convey and instill certain emotions among the jurors.

10. Be very careful with the use of color because studies have shown that each color has a different psychological impact depending on the character or personality of the individual juror. For example, if the juror is an extrovert, the color blue is not going to have a significant emotional effect on the juror, and neither will the juror tend to readily remember that piece of “evidence” when back in the deliberation room.

11. Tell the jury during opening that you will be showing them some crucial evidence later in the trial so that they know it is coming. Once you do present the exhibit to the jurors, you of course have to explain it, but be careful not to run off at the mouth because you will bore them to death and they will tune out. Also, make sure you don’t go too fast because you will cause confusion and they will miss the point you are trying to get across. Allow the jury to view the board throughout trial by propping it up behind you against a wall. If in the background, there is a better chance of it slipping into their subconscious.

12. Make sure that the demonstrative aid is correct before showing it to the jury. The last thing you want is for the opponent to point out the mistake for you and imply that you are trying to pull the wool over the jury’s eyes. You would be surprised how many attorneys fail to double check the blow ups or trial exhibits. Accordingly, make sure that the exhibit can not be manipulated by the opponent or utilized by him to prove an opposite point. Rather than blowing up a portion of a letter (and allow the attorney to bring out the “missing” portions of the letter) it might be prudent to formulate a chart to compare and contrast or to show cause and affect or a timeline instead.

13. Use of analogies or storyboards for complex issues will be appreciated by the jury because they will feel included and intelligent rather than shut out and ignorant. A complex patent case can be brought down to earth and relateable to the jury by personalizing it through demonstrative aids. A jury needs to feel as if they are on the same level as the attorney. Technology in a courtroom is sometimes very off-putting to a jury, most of which are not computer savvy, may not have enjoyed school as a youngster, and can not afford the technology themselves. If your client can afford to put on such a show, then perhaps your client doesn’t need the money that you are asking the jury to award. Instead of isolating and intimidating the jury with the use of technology, I suggest sticking to the old fashioned boards. For example, drawing on an easel in front of the jury creates an intimate atmosphere, a trust or a bond between attorney and jury, and without that interaction, there is a higher risk that the jury will not be inclined to rule in your favor.