Jurors will not find for what they don’t understand. Simple, right? Yet laying your case out in such a way that jurors readily understand its ins and outs can be more challenging than it at first appears.
You see, you may be so deeply steeped in your case, the issues of your case, the whys and wherefores of your case, that you can’t imagine what it is like not to know about them. You’ve fallen victim to the curse of your own knowledge.
Certainly, you are well aware that the jurors are uninformed as to the legal aspects of the case, but too often, you don’t tune in to how necessary it is to explain everything about your case in a way your jurors can readily and easily understand. Including whatever testimony your experts proffer.
This doesn’t mean giving excessive detail. It doesn’t mean to “talk down” to jurors, either. Jurors are no different from the folks you interact with every day, from the barista to your mechanic to your support staff. They just have different areas of expertise – in which they are far better informed than you, BTW.
Build your jurors’ confidence in their ability to come to a wise and appropriate verdict by streamlining your arguments and presenting your key evidence with stunning clarity. Wherever you can, use visuals to further clarify and explain.
If at all possible, run a focus group pre-trial of individuals similar to your jury pool. They will tell you, with unerring accuracy, exactly what persons not afflicted with the curse of your particular knowledge will understand or fail to understand.
Now you are much better prepared to win at trial!