“My opponent will tell you…”. Some variation on this line has been used in movies, novels and in the courtroom—and often with very good effect. Why?

Warning your jurors about the position that someone else will try to convince them of often results in increasing their resistance to persuasion.  Researchers in persuasion tell us that when we are warned about what is to come, we immediately begin to engage in what is called “anticipatory counter-arguing” prior to even hearing the message (Jacks and Devine 2000).  Instead of their focusing on the crucial argument of the other side when they hear it, they respond to the inevitable opposition theory with “Hey, that other lawyer warned us you were going to say that !  Ahaa!”  By letting jurors know what is to come from the other side, you cue them to begin ‘yes-butting’ the other sides’ position very early on.

And, lest you think this tendency is the sole province of younger jurors, there is evidence that resistance to persuasion tends to increase over time, with the middle-aged more likely to have strong pre-conceived notions that enable us to counter-argue opposing positions (Wood 2000).

An early warning can increase jurors’ resistance to persuasion by your opponent.

Jacks, J. Z. and P. G. Devine (2000). “Attitude importance, forewarning of message content, and resistance to persuasion.” Basic and Applied Social Psychology 22(1): 19-29.

Wood, W. (2000). “Attitude change: Persuasion and social influence.” Annual Review of Psychology 51: 539-570.

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3. Simple Jury Persuasion: Alpha and Omega Persuasion Strategies
4. Simple Jury Persuasion: My opponent has great rhetoric, I have reality
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