ABA Journal Blawg 100!
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Different strokes for different folks
By now we’ve all heard about the different ways various people process information. Some of us are more visual, some more auditory, some more tactile, some kinesthetic—and so on. Yet we often get stuck in communicating in the way that is most comfortable for us. ‘Just the facts’ doesn’t work for everyone. And more and more, jurors are annoyed by what they see as ‘cheap theatrics’ or ‘emotional manipulation’ on the part of attorneys. Finding ways to get your information across in a way that is heard by as many of your jurors as possible is challenging, to say the least.
Another way to think about various jurors and what they need to hear/how they learn best is to consider a recent publication that identifies five basic personality styles and how to best persuade them (Williams and Miller 2002). The table below identifies five styles, their characteristics, and how best to persuade them.
|
Personality Style |
Characteristics | How to best persuade |
| Charismatic | Easily intrigued, enthusiastic, talkative, dominant | Focus on results. Make simple and straightforward arguments. Use visual aids. |
| Thinker | Cerebral, intelligent, logical, and academic | Use lots of data. Acknowledge all perspectives and guide them toward the one you favor. |
| Follower | Responsible, cautious, bargain-conscious, brand-driven | References and testimonials will be persuasive. They like the tried and true—has this happened before and what was the outcome? |
| Skeptic | Demanding, disruptive, disagreeable, rebellious | You need as much credibility as you can possibly garner to get through to a skeptic. Or have both sides agree to a cause strike. [Keep in mind that this person is as annoying to the other jurors as he or she is to you.] |
| Controller | Logical, unemotional, sensible, detail oriented, accurate, analytical |
Provide a structured and credible argument. Use expert witnesses. Don’t be too pushy. Efforts to ‘persuade’ will backfire.
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Interestingly enough, despite how different these personalities may appear on the outside, they want very similar things: information from multiple sources, credibility of the presenter, and clarity. None of them want conclusions and there is ample indication (except for the Followers) that they can be quite annoyed (not to mention suspicious) if presented with conclusions.
Get help in fleshing out your case narrative. Identify the questions that remain and the holes in your story. Your task is to simply be competent, credible, likeable, and thorough in presenting your case.
Williams, G. A. and R. B. Miller (2002). “Change the way you persuade.” Harvard Business Review 80(5): 9.
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RT @keenetrial Different strokes for different folks http://bit.ly/7fHPvy