No one must tell us that Covid has changed our society in multiple ways that continue to evolve. Attitudes and attention spans are not the same.
Given these changes, how does a trial lawyer decide what information must be impressed upon a jury and what is the best way to do it? How do you avoid juror boredom? I have seen jurors fall asleep while an attorney questioned a witness using extensive legalese. By the time the lawyer asked the question, he had lost the jury’s attention. He mentally wore them out.
Dr. Broda-Bahm is an experienced litigation consultant. I admit that I am a fan of his blog. When I saw this post, it reminded me of my experiences watching the jury’s reactions throughout trial. What causes jury information overload? What is a clear and concise way to present complex or unfamiliar legal issues to a jury? What changes should you make to trial strategy to address changes in jury’s attitudes and reactions?
This post addresses those questions. I encourage you to note the “Other Posts on Testimony” at the end of his post, which reference more posts on this topic. – CCE