ILNews

Nordstrom: Book offers little insight for experienced trial attorneys

Rodney Nordstrom
October 10, 2012
Keywords
Back to TopCommentsE-mailPrintBookmark and Share

The book, “Winning the Jury’s Attention: Presenting Evidence from Voir Dire to Closing,” piqued my attention as a trial lawyer and trial consultant. Anything that improves our ability to “win over” the jury for our client is worth learning about. As most trial attorneys realize, jurors are not simply going to hand over their undivided attention for a lengthy trial unless the trial attorney is capable of making it interesting for them. In the courtroom you simply cannot demand attention but must attract attention. In order to do this, you need to select the right message, present it in the right way, and do so within the allotted time. Although the tips offered in the book are solid, they are tips we have heard before.

Author Trey Cox reminds us lawyers are not considerate of jurors’ time. Jurors have lives, husbands, wives and jobs to get back to. Every minute they are sitting in trial, their normal living activity is disrupted. And though jurors take their duties seriously and will work hard to sit in judgment of your case, they do not want their time to be wasted. Too often trial lawyers waste their time by repeating the same information and asking the same questions. This turns jurors off.

Trial lawyers have to show that they are proficient and efficient at what they do. Jurors flyspeck your every move for clues to your credibility, competence and trustworthiness. If you appear lost and confused or labor over the admission of exhibits, neither you, your abilities, nor your trustworthiness will rate very high with the jury. On the other hand, if you move through the evidence efficiently, with confidence, and demonstrate a mastery of the facts, the jury will surrender its attention to you because you are a leader in the courtroom.

Cox reminds us of several common principles for communicating effectively with a jury:

• The Personal Credibility Principle: Demonstrate competence, accuracy, leadership and efficiency to gain credibility.

• The Signaling Principle: People learn better when the material is presented with clear outlines and headings.

• The Segmentation Principle: People learn better when information is presented in bite-sized chunks.

• The Multimedia Principle: People learn better from words and pictures than from words alone.

• The Coherence Principle: People learn better when extraneous material is excluded.

• The Stickiness Principle: Make your themes and ideas “sticky.”

• The Jolt Principle: Periodically jolt your jury so they don’t bolt.

Although these seven principles are always good reminders, they offered little additional new information for anyone having done more than a few jury trials. These suggestions are common sense and second nature to experienced litigators.

One shortcoming of the book is that the author does not clearly identify his target audience. This is not necessarily a big deal, but experienced litigators will find the book underwhelming. A college pre-law student or law student, taking a first trial advocacy class, would get more out of it.

The author appears to be committed to understanding jurors but his trial inexperience is demonstrated by his lack of examples of actual trial applications. In other words, he advances the usual tips important to most trial advocates; i.e., “don’t speak like a lawyer,” “be confident” and “value the jury’s time.” He also cites to the perfunctory Aristotle’s Principles of Rhetoric (Logos, Pathos and Ethos) and Rule of Threes. The book reads more like a primer to jury selection, rather than a book on meaningful tips for experienced litigators.

The author heralds his many personal accomplishments; however many of these compliments refer to his rating in Martindale Hubble and recognition by the “Best Lawyers” title but do not reference any meaningful or significant trial victories let alone trial experiences. He also references his experience clerking for a federal District judge.

Although Cox is described in his book as “a pioneer in complex technology and neuroscientific principles to improve jury communications and persuasion,” nothing in the book appears to be “pioneering” and little, if any, offers to “advanced technology and neuroscientific principles” as they relate to “winning” jurors’ attention. Despite the limitations mentioned above, Cox’s effort is quite apparent. The book does offer merit as an overview of how common skills can benefit a beginning trial lawyer. The book by Trey Cox is 201 pages, 14 chapters, published by First Chair Press, and sells for $69.95.•

Rodney Nordstrom Ph.D., J.D., is a trial consultant with his company Litigation Simulation Services (www.litsim) located in Peoria, Ill. The opinions expressed in this column are those of the author.

ADVERTISEMENT

  • trial attorneys
    Photo taken in the Bencher's Room of the Honorable Society of the King's Inns: (From left to right) Michael Collins SC, Mr Justice Paul Carney, Dermot Gleeson SC, Mr Justice Niall Fennelly, Tom Girardi, David Barniville SC, Mr. Justice Donal O'Donnell, Turlough O'Donnell SC, Paul Gallaher SC, Mr. Justice Colm Ó h’Eochaidh, Brian Murray SC, Paul Sreenan SC and Mr. trial attorneys

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. 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.

  2. 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.

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

  4. 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.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT