Simplicity – The Universal Language

Popular tech T.V. sitcoms such as The IT Crowd or Silicon Valley make light of the fact that “tech-talk” can be a foreign language to the general public.  To the shows’ characters, HTML is simple, but to a layperson it could look like ancient hieroglyphics.  We find it funny while watching, but forget we’re guilty of the same occupational language barriers. 

Oftentimes, those who are deeply involved in a case use legal and scientific language they don’t realize are above a layperson’s head.  While you, as an expert, may be familiar with a concept, jurors are likely learning about it for the first time.  Failing to carefully explain your reasoning can severely damage your case by confusing jurors.

Even if jurors have heard of a concept, complex legal and scientific jargon during trial could get lost on them.  It’s important to keep language simple and remember not everyone uses the vocabulary of experts with a post-graduate education.

In fact, a troubling study about literacy in the United States in 2013 revealed 21 percent of U.S. adults read below a fifth grade reading standard, increasing the need for lawyers and witnesses to ensure their language is understandable for their audience.  Even if jurors have a higher reading level, the goal is to make it easy for them to understand.  The easier it is for them to understand, the more they’ll be able to use their brain power to focus on the content of what you’re saying rather than trying to figure out the definitions of the words. 

Here are some tips to ensure your language is simple enough for a layperson to understand:

• Use analogies:  Relate difficult concepts or abstract sizes to everyday tasks and objects.  For instance, explaining the size of a premature infant could fit into the palm of your hand. 
• Use shorter sentences:  Make it sound conversational.  You wouldn’t use a sentence with multiple, complex clauses when talking to a friend over dinner.
• Don’t use unnecessary large words:  If there’s a shorter word to use, use it.  Although words such as “enormous” or “utilize” may sound fancier, “large” and “use” work perfectly.  
• When possible, use visual aids:  This will help jurors who are struggling to follow the language to comprehend the concept.

Our focus groups are a great tool to test out complex topics.  Participants will often help develop their own analogies and language from the case, figuring out the best language for you. Please contact Senior Vice President Claire Luna at 714.754.1010 or cluna@juryimpact.net if you would like to discuss how focus groups can help you simplify the language in your case.