Trial communication and advertising

Here are some brief thoughts about persuasion I found in my notes. I’m not sure of the source now, so thank you to whomever shared them. They are from something I read regarding the connection between trial and sales. See what you think.

  • In advertising most ads are written as if the customer was asking: Who are you? What is your product? When are you open? In fact, the customer’s only real question is "Why should I care?" and "What’s in it for me." That means we need to change our thought process about how we approach a jury or even a judge in presenting our case. Let’s assume we have to show them why they should care about the issue and how it impacts them or their family or community
  • The most irresistible word in the English language and the most powerful of all words for gaining attention is "you." People are primarily interested in themselves.When we talk about "you" we are talking about what they are most interested in.So, the rule is:Tell them a story about your casethat involves them – usethe word "you" in it.
  • Think of the opening statement as an advertisement. If it is on television you need to attract their attention and have thirty seconds, at most, to make your sales point. If it is in writing, you first have to get the customer to read the ad and then you havesell the product. The best ads are always about the customer and how the product will help them in some way.So, when you make your opening statement, what’s your ad about?
  • There are six to twelve people you are communicating to and each one hears a different trial. Communication is not what you say, but what they hear. Your presentation should use multi communication tools. That means a variety of photos, writing on paper, posters, videos, animations, Elmo and Powerpoint. Keep in mind each of the listeners has a particular primary way they receive information. Visual people, people who receive it by listening and those who want to feel or sense it. Employ all three in your communications.
  • We know that jurors will become increasingly anxious about trial evidence when:

(1) They don’t understand
(2) They suspect they are alone in not understanding
(3) Information is presented too quickly
(4) Information is presented through only one type of communication
(5) The amount of information is overwhelming
(6) The information contradicts previous information
(7) They don’t know whythey will need this information

  • People have trouble understanding sentences that have negatives in them. In fact, we know that the subconscious mind eliminates the negative and accepts the statement as an declaratory affirmative statement. "I’m not a crook" is translated "I am a crook." Not only is the negative in a sentence confusing it is generally ineffective.Jurors don’t hear what we think we say
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