Engage Jurors With Your “Zingers”

by: Dr. Karen Lisko

 

Several days ago, the National Public Radio and The Washington Post reported that construction workers building facilities for the World Cup in Johannesburg, South Africa were on strike in an attempt to get a “double digit increase in wages” of 13%.  Right before ending the strike, it appeared the workers decreased their demand to 12%.    Now, no one likes a strike.  And no one likes greedy employees.  A “double digit” demand seems pretty excessive in a sagging world economy.  Until you learn (far into both news pieces, I might add) that most construction workers on the project earn between $100 and $300 a month.  (I’ll pause while you do the math.)  That’s correct.  We’re talking about a demanded increase of 40 cents to $1.20 a day.

And so, you ask, what does this have to do with legal persuasion?   

Fair question. This is all about two things.  First, it’s a lesson in timing information in opening statement or in witness examination.  If you’re like most people, your sympathies when reading the paragraph, above, may have initially run against the workers.  Your tune might have changed when you learned workers on the project earn so little to start. 

 

Second, it’s a reminder that mentally engaging the fact finder can be a useful way of keeping her attention and persuading her.  Just as you did the math a moment ago, having the fact finder do some mental calculation makes her part of the story and invests her in following you to your next point.  We sometimes underestimate jurors’ intelligence.  While it’s true that too much information at once can overwhelm them (or judges, for that matter), offering them the ability to put two and two together can be a wise strategy.