MALIBU, CALIF.--Facts are the foundation to every legal case. However, even with powerful, well-documented facts at a trial lawyer's disposal, if the attorney can't place those facts in a context that makes sense to the jurors' worldview, the attorney risks losing the case, says Dr. Noelle Nelson, a California trial consultant and author of the booklet, "101 Winning Tips: How to Give a Good Deposition & Testify Well in Court."
What is a jurors’ worldview? "It’s whatever is of primary concern in the particular jury pool’s day-to-day life," Nelson explains. "Generally speaking, the recession preoccupies all of us, but, for example, attorneys in an employee discrimination case need to know if their jury pool is more threatened than most. Have they had to take on second jobs to make ends meet, or do they find themselves out of work altogether? If the jurors are experiencing unemployment or are under financial strain, that worldview will most likely affect the way jurors see cases involving workplace issues, employee compensation, hiring and firing and financial disputes."
Nelson believes focus groups can help answer the jury worldview question. "When mock jurors are properly recruited from the particular jury pool," says Nelson, "they can tell attorneys a lot about the eventual jury panel’s worldview--and whether their case is supported by that worldview. The key is selecting true representative 'jurors' for the focus group in sufficient number to get an accurate reading. Attorneys can tailor their case presentation based on the focus group findings."
For more jury and trial tips, go to Nelson's blog, "A Winning Tip," http://awinningtip.blogspot.com/
