Trial Magazine

No juror will recall every fact or piece of evidence, so you need to connect jurors to your client’s case on a deeper level. This means crafting a story that lives and breathes. Approach this as if there are two stories to communicate: the “surface” story and the “beneath-the-surface” story.

Just the facts. The surface story is the one we all default to but never truly connect with. It’s telling instead of showing what you want to convey to an audience. Telling is a simple accounting of facts—but showing the story is entirely different.

The heart of the story. The beneath-the-surface story shows jurors why they should care. It lets people relate to each other through trust, emotion, and compassion. This is key to helping jurors connect with others who may seem very different, such as you and your client.

One method is to write down what’s happening beneath the surface of each scene you’re sharing with the jury. This can be a word or a short sentence, but it must always loop back to the heart of the story.

In a recent case, our client had tremendous physical pain from her injury. We didn’t want jurors to only see her as “the victim.” She was a teacher who fought relentlessly for the rights of students, and this was the heart of her story: She was “the protector,” not the victim, and the jury was called on to protect the protector.

The “obstacle” also shows the heart of the story and is an essential element of storytelling, because people naturally root for others who struggle through and overcome adversity. The obstacle—such as caring for your family after suffering an injury—reveals universal themes that we all can relate to, so it becomes our struggle too. 

It starts with you. Always ask yourself: Am I genuinely connecting to the story? If you are struggling, keep digging to unearth the universal themes. Then you’ll have a level of credibility and confidence that will move the jurors to action.

Jesse Wilson is a jury trial consultant and CEO of Lessons From the Stage in Colorado Springs, Colo. He can be reached at jesse@lftstage.com.