Wednesday, June 25, 2014

Let Your Witness Make Conversation


People can be quick to judge those who fill their speech with “um” and “well” and “I guess.”  To a listener, such disfluencies have the potential to reduce perceptions of the speaker’s intellect.

However, a recent study published in The Journal of Language and Social Psychology examined transcripts from previous studies and showed those who use filler words such as “like” and “you know” are more conscientious and thoughtful.  The authors of the studies indicated these filler words as used are markers to show the individual’s desire to share or rephrase their opinions to others. 

Although we have found some filler words such as “um” can indicate a witness’ lack of confidence, the idea behind this study is a useful one: certain filler words help a witness come across as more conversational and better able to explain concepts simply.

In fact, earlier this year we conducted a national survey of more than 800 jury-eligible participants and asked them to list what characteristics were most important in an expert witness.  Consistent with our previous research, the ability to explain things in simple terms was one of the top traits.  Approximately 64 percent of jurors rated it as one of the top characteristics (second only to years of experience).

When a witness explains a key medical procedure, the safety procedure for a bus driver or the science behind traffic patterns, complex technical jargon can get lost on jurors.  Lay jurors appreciate a witness who is able to connect with them on the same level and educate them about complicated information in a simple and conversational way.

When we work with doctors or nurses, we ask them to explain complicated procedures the way they would to a patient, and this helps them adapt their language to the audience.  However, people in other industries don’t have this experience and can have a difficult time translating their advanced level of knowledge, so preparation is key before deposition or courtroom testimony.

If you have a case involving complex concepts and would like help finding the best way to educate jurors about them, or help prepping a witness to explain things more conversationally, please contact Senior Vice President Claire Luna at 714.754.1010 or cluna@juryimpact.net.

No comments: