ILNews

Nordstrom: Book disappoints seasoned jury consultant

Rodney Nordstrom
July 20, 2011
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Commentary

When I first saw the flyer for this book, I immediately thought of the potential for application to trial work. The book’s catch phrase “It’s not what people hear. It’s what they repeat,” has natural application for use with a jury, or so I thought. I believed that anything that can enhance a trial lawyer’s communication effectiveness is worth studying. Unfortunately, after reading this book, I was disappointed.

nordstrom-book-review-cover4c-1colThe main point of this book is the author’s concept of the Dominant Selling Idea as it relates to marketing, selling, and politics. A DSI is a central proposition underlying the message much like a case theme. The concepts in the book are pretty much already obvious to the trial lawyer. The examples cited by the author are outdated and contrite. The author advocates making the DSI, or in trial parlance, case theme, simple and memorable like the oft-quoted phrase, “if the glove does not fit, you must acquit.” A DSI is generally a good idea to follow as it relates to developing a case theme. As the DSI model contemplates, it should sell your case in a simple short phrase. A DSI for a wrongful death of a child case might be: “For sale: Baby shoes. Never worn.”

The book introduces common terms like heuristics and metaphors. A heuristic is a mental shortcut that saves the brain from running thousands of algorithms leading to a quick conclusion. Think of it as a mental shortcut. Yes, juries use heuristics to help them analyze and decide a case and it is critical that trial lawyers identify naturally occurring case heuristics. That’s why focus groups are so critical. Once a heuristic is identified, it can be effectually incorporated into your trial strategy. The examples cited by the author are not really applicable for trial purposes.

Although the book is simple to read, in an hour or so, it offers little benefit to a seasoned trial attorney. Its nine chapters – 171 pages – are more aimed at a branding or a selling strategy: not as part of trial application. As a communication enhancing book it offers little insight from the lawyer’s perspective. In conclusion, perhaps I have unfairly compared this book to another book, “Winning with Stories” by Jim Perdue, which is a must-read for all trial lawyers.•

Rodney Nordstrom, Ph.D., J.D. is a trial consultant with his company Litigation Simulation Services located in Peoria, Illinois. The opinions expressed in this column are the author’s.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

ADVERTISEMENT