May 13, 2008

Command Juror Empathy

David A. Wenner
Phoenix, Arizona

You can help jurors empathize with your client by invoking experiences that have shaped their lives. If a juror has a particular professional expertise that provides a unique frame of reference, use a metaphor incorporating a similar frame of reference. For example, a juror who is a teacher generally pays close attention to rules. When speaking to this juror in a malpractice case, you can frame a breach as a broken rule.

If a juror takes pride in describing his or her relationship with a certain family member, use this information when telling the story about your client. For example, if your case concerns the loss of an important relationship, use the experience of a juror whom you have identified as having known the meaning of that special relationship. You could communicate with a juror who has lost a child, for example, by looking meaningfully at him or her and saying, "We have all experienced comfort from a special relationship. Losing that sense of closeness can feel terrible. What is important is knowing just what that closeness can really mean."

This type of communication will help jurors associate their experience with your client's.

—From TRIAL magazine's "Good Counsel" (April 2003)

And remember, AAJ offers numerous CLE and educational offerings to help you build your practice and cases, as well as related products and materials through the AAJ Exchange.