Simple Jury Persuasion: Make an emotional connection with your jury

Wednesday, October 14, 2009
posted by Douglas Keene

crying manWe all know that the emotional connection is an important one for attorneys to master in the courtroom. But what are the best ways to make that connection with jurors?

Jurors tell us they don’t like it when lawyers cry. They see it as phony and manipulative. However, making a connection with them is essential if you are to be optimally persuasive. Emotional connections are not about tears and righteous indignation.

Jay Conger tells us that people who are good at persuasion use emotions in two very important ways:

1)    “They feel their commitment to the position they are advocating in their heart, mind and gut, and are able to show that to others” and

2)    “They have a strong and accurate sense of their audience’s emotional state and adjust the tone and approach of their argument accordingly” (Conger 1998).

While the second item on Conger’s list is hard to gauge in the highly fluid environment of the courtroom—the first is pure gold for the attorney presenting a case. You must prepare to the extent that your commitment to your case and your belief in what you are presenting is reflected in your “heart, mind and gut” and the jury will see your truth. If you are credible (i.e., competent and likeable) the jury will be more likely to hear your story in the way you wish them to hear it.

You connect emotionally to the jury by connecting emotionally to your case.

Conger, J. (1998). “The necessary art of persuasion.” Harvard Business Review 76(3): 84-95.

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One Response to “Simple Jury Persuasion: Make an emotional connection with your jury”

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