Can You Argue Your Case in 15 Seconds?

The advertising world has a lot in common with courtroom communication: Grab your audience’s attention early or you may lose that audience completely.

A recent Associated Press article reports that 15-second television commercials are replacing 30-second spots as the industry standard because of viewers’ shrinking attention spans. Advertisers are finding that if they can’t make the sale in 15 seconds, they probably can’t make it at all.

This dovetails with our own research showing that 85 percent of focus group jurors deliver the same verdict at the close of the session as at the beginning. This means that no matter what information they hear later in the case, that crucial first impression more often than not determines their final decision.

Although jurors can’t change the channel during trial, they can tune you out. That’s why we recommend making your best arguments and telling your strongest story right away. Once you’ve grabbed jurors’ attention with a succinct, clear storyline they’ll remember for the rest of the trial, you can fill in the details that fit in with that overall theme.

Give us a call if you’d like to discuss our findings further. We’d be happy to share some of our opening statement tips and strategies.

Language Matters

According to a recent Rasmussen Poll, 53% of Americans believe "capitalism" is better than "socialism."

The telephone survey also revealed that 20% disagree and say socialism is better. Twenty seven percent couldn't take a stand if they were buried ankle-deep in concre--ERRR...were not sure which is better.

Here are some demographic details:

Adults under 30 are essentially evenly divided: 37% prefer capitalism, 33% socialism, and 30% are undecided. Thirty-somethings are a bit more supportive of the free-enterprise approach with 49% for capitalism and 26% for socialism. Adults over 40 strongly favor capitalism, and just 13% of those older Americans believe socialism is better.

Investors by a 5-to-1 margin choose capitalism. As for those who do not invest, 40% say capitalism is better while 25% prefer socialism.

There is a partisan gap as well. Republicans - by an 11-to-1 margin - favor capitalism. Democrats are much more closely divided: Just 39% say capitalism is better while 30% prefer socialism. As for those not affiliated with either major political party, 48% say capitalism is best, and 21% opt for socialism.

The question posed by Rasmussen Reports did not define either capitalism or socialism.

But here's the most interesting part:

It is interesting to compare the new results to an earlier survey in which 70% of Americans prefer a free-market economy. The fact that a “free-market economy” attracts substantially more support than “capitalism” may suggest some skepticism about whether capitalism in the United States today relies on free markets. (emphasis added)

See how a slightly different language choice can have a significantly different result? Although I disagree with their conclusion ("free-market economy" just sounds better than "capitalism," which has had decades of negative connotations heaped upon it), this is a clear example of what we always preach to our clients:

Language matters.

Texas Judge Returns 400 Children To Polygamist Sect

If you've been following the case of the polygamist compound in Texas, the children that were taken are being returned to their parents. The legal issue rested on whether or not Texas child welfare officials proved the children were in immediate danger before taking them. It's worth noting that there were no arrests in this case.

A Texas district court judge has signed an order returning custody of more than 400 children taken from a polygamist group's compound to their parents.

The order returning the children taken from the Yearning for Zion ranch to their parents comes a few days after the Texas Supreme Court ruled that the Texas Child Protective Services department overreached when it took the children away from their parents.

I think one of the most interesting aspects of this case is the language choice made by the media. For example, on talk radio this morning, they consistently used the word "sect." Yes, it is in fact a sect, so the use of that word is accurate. However, phonetically it's problematic: in a case underscored by allegations of sexual abuse, hearing "...the polygamist sect's" (say it out loud) conjures none-too-pleasant images. Intentional?

A less controversial (although perhaps not as accurate) language choice would be denomination, faction, group, or enclave.

Click here for the full article...

Simple Statistics

If social scientists are right and jurors only retain 10 percent of what they hear in a courtroom — more likely than not what they heard first — what can you do to make them remember the defense’s case?

Using only a few carefully chosen statistics or key numbers to illustrate a point is a great way to arm jurors with ammunition they can use in the deliberations room.

As an example, a general internal medicine patient died from a calf sarcoma after multiple tests in response to “arthritis-type” pain.

Focus group research in the case revealed that highlighting the extent of the efforts made to diagnose the patient’s condition was crucial. The defense formulated a phrase that was used repeatedly to reinforce its theme: “Four tests were done by three different radiologists, at two hospitals, and none of them saw any sign of cancer.”

After trial, exit interviews revealed those words rang out again and again during deliberations — “four tests, three radiologists, two hospitals, and no cancer!”

Used correctly, simple statistics and numbers help to illustrate a theme and help arguments resonate in jurors’ minds, which they will hopefully remember when it comes time to render a verdict.