Helping lawyers understand jurors

Understand your audience – the jurors – and meet them where they are, said Tara Trask of Tara Trask and Associates, in opening the program, "Litigation Skills Session: How Jurors Think – Crafting a Jury-Friendly Case from Start to Finish," during the recent ABA Annual Meeting in San Francisco.

Intellectual property lawyers think very differently from jurors, and that is particularly challenging to the IP lawyers, continued Trask.

The program, sponsored by the Section of Intellectual Property Law and co-sponsored by the Young Lawyers Division, covered such issues as characteristics of any jury, current jury trends and how to use technology in telling a story.

In addition to Trask, the session featured Eve Henson of Sayles Werbner and Greg Glass, Point MultiMedia LLC; Yoncha Kundupoglu of Hogan and Hartson served as moderator.

Juries are uncomfortable with the adversarial system of the trial, said Trask. Further, they only hear what they understand. Most people are visual learners who relate well to PowerPoint presentations with words, continued Trask.

Glass explained how graphics can help you tell your story to the jurors. You benefit when the jurors see that you are trying to help them understand. Consider using video if you have it, continued Glass.

Earlier in the program, Trask mentioned the impact that television and such shows as CSI and Boston Legal have had on the public's perception of lawyers and the legal system.

Henson presented details on selecting a lawyer's trial team, which may include client representatives, IP lawyers, trial lawyers and local counsel. In addition, depending on the case, a lawyer may want to consider a jury consultant and/or graphics consultant.

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