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 The examples cited by the author are outdated and contrite.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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT