I recently participated in a seminar conducted by Mark Mandell on the importance of case framing in our trials. Here are some of the PowerPoint slides used in my talk which was about the science of case framing.
Research shows how quickly we form impressions. In one study, it was found that we form an impression of the other person within 1/10 of a second after we meet them. In another, university students were shown very brief video of the professor whose class they were taking and asked to write their impression. At the end of the semester they were again asked for their impression. The two were remarkably the same.
Research shows that the great majority of our actions and decisions are made subconsciously without our knowledge and then confirmed by the conscious mind. Johnathan Haidt has compared this to a man, representing the conscious mind, riding an elephant, representing the conscious mind. The man thinks he is in control, but the elephant is really in control.
Both of these statistics are the same. One is expressed as a positive and the other as a negative. Yet in study a majority of people agreed to the surgery when it was explained a a survival rate over those who were given the risk factor.
Dr. Feynmann determined that the cause was a rubber ring that failed in freezing conditions demonstrating it with a simple rubber band and a jar of water.
Donald Trump’s simple advice of “build a wall” was widely remembered and accepted, while Hilary’s proposed program was forgotten quickly by the American public.
“Can you hear me now” with the same actor holding a phone to his ear was anchored to Verizon.
Attorney Spence’s frame about honor in a handshake proved to be powerful with the jury
Framing issues in our cases is essential. See American Association for Justice publications for books by Mark Mandell on this important subject