Language Matters

As any newspaper reporter or copy editor knows – especially when writing headlines intended to hook the reader and provide a sense of the story below  – words matter.

For example, are you more likely to support a financial “scheme” or a “plan?”  When you read that a congressional committee “demanded” a federal agency hand over records, does it have the same narrative impact as reading the committee “requested” those same documents?  How about if the federal agency in turn “rejected” that demand, versus “declined”?

Language is a tricky thing, and it seems every trial jurisdiction uses a different dictionary.

For example, a recent CNBC poll showed 37% of Americans polled opposed the “Affordable Care Act,” compared to 46% who opposed “Obamacare.”  At the same time, more people supported “Obamacare” (29%) than those who were in favor of the ACA (22%).  As you know, they are the same thing, yet the language on both sides elicited very different responses.

http://www.cnbc.com/id/101064954

The courtroom is no different than politics, advertising or media, and the importance of using jurors’ language and choosing the right words and terms at trial cannot be overstated.

In some cases we’ve heard trial attorneys describe extremely premature babies as the “size of a dollar bill” or “a stick of butter” – language that was revealed during exit interviews to have a dramatic impact on the jurors when discussing the likelihood a newborn “this small” would have complications regardless of the care rendered.  Although “two pounds” also has an impact – and it’s certainly more juror-friendly than saying the baby weighed 907 grams – it still requires math and a bit of context you shouldn’t assume your jury has (especially those who have never had a child).

Along these lines, we always recommend talking about pregnancy in terms of months, not weeks.  Describing a patient as “24 weeks along” not only requires jurors to do mental math – causing them to become distracted while you present your case – but it is far more effective, as well as contextualizing, to describe the resulting baby as "three months early."

Another example: during research for a recent case, there was a significant difference to jurors between a national medical organization recommending a certain test only when specific criteria are met, and when that same medical organization actively recommends against that test unless the criteria are met.

The importance of discovering and using the right language isn’t limited to medical malpractice.  In fact, we’ve found that even in contract, workplace discrimination or personal injury cases, using the right language – and more importantly, avoiding the wrong words – can have a significant impact on the outcome.

Having been involved with more than 50 trials and interviewed tens of thousands of jurors across the country during hundreds of focus groups, we have unique insight into the specific language jurors use to talk about lawsuits – and how that can change from city to city, county to county, and state to state.  If you have a case that could benefit from the thematic and language input of your unique audience, give us a call so we can discuss your goals.  Senior Vice President Claire Luna can be reached at 714.754.1010 or cluna@juryimpact.net.