We talk a lot about how race plays a role in litigation but we also need to talk about the role of the dominant culture and sub-cultures. In this country, the dominant culture is white. There are subcultures of multiple varieties but members of the subcultures (whether they be Hispanic, African American, Vietnamese or Asian) have special knowledge of both the dominant culture and the subculture because they live in both worlds. This knowledge can be powerful on a jury.

We did a focus group a few years ago where the plaintiffs were an African American family and the grandmother matriarch of the family was deposed on video. The story was a very sad one. Her daughter had died in an industrial accident, leaving young children who were being raised by the grandmother along with their father. Her testimony was stoic and the mock jurors were not impressed with her. They spoke of her lack of emotion and interpreted it as her being in this “for the money”.

And then a thoughtful young Asian male spoke up. “She reminds me of my Grandmother,” he said. And he explained her stoic attitude as one stemming from pride and discomfort in showing emotion to strangers. And the room turned. Jurors wanted to find reasons to like the Grandma. Seeing her seeming distance and aloofness as pride mixed with grief made sense to them. They imbued a young Asian male with knowledge of the African American sub-culture because he said something that resonated with them.

The lesson for the litigator is simple. If you have witnesses or parties who are immigrants, members of ethnic minority groups, or simply present in a fashion that makes them appear odd or uncaring—frame their presentation as a likable and sympathetic characteristic.

• Establish an identity for your witnesses, both through your opening statement and through testimony that precedes their own.

• Tell jurors ‘why’ the witness comes across as they do.

• Have other witnesses testify as to their integrity, warmth, caring, and discomfort in strange environments.

• Show them caring for family members or grandchildren in a loving way.

• Show them with pets or in volunteer activities.

Clarence Darrow said a lot of memorable things. One of them was about the main job of the trial lawyer being to help the jury like his (or her) client. His belief was that if the jury likes your client, they will find ways to support your client. We believe that too.

Brumbaugh, A. (2002). Source and nonsource cues in advertising and their effects on the activation of cultural and subcultural knowledge on the route to persuasion. Journal of Consumer Research, 29, 258-269.

Related posts:

1. Simple Jury Persuasion: When it comes to litigation persuasion–hard sell, soft sell, or no sell?
2. Simple Jury Persuasion: Don’t deplete me
3. Simple Jury Persuasion: KISS–Keeping it simple, simple…
4. Simple Jury Persuasion: Alpha and Omega Persuasion Strategies
5. Simple Jury Persuasion: Don’t confuse argument with persuasion

1. Jessica Bregant says:

   July 18, 2011 at 4:55 PM

   Blawg you should be reading: The Jury Room http://t.co/emswqoc — Today's topic – does Black + Gay = Likeable?
2. Paul Birch says:

   April 29, 2011 at 8:55 PM

   RT @changingminds: Keene Trial Consulting's 'Jury Room' — blog on persuading juries: http://lnkd.in/Cbs7W9
3. Dave Straker says:

   April 29, 2011 at 3:54 PM

   Keene Trial Consulting's 'Jury Room' — blog on persuading juries: http://lnkd.in/Cbs7W9
4. Alex Proaps says:

   January 12, 2011 at 2:55 AM

   @pourbrew Came across this blog tonight while looking at researchblogging.com under Psychology. http://bit.ly/zX49W
5. Robert Richards says:

   August 8, 2010 at 2:28 PM

   We invite you to visit our firm blog (The Jury Room) for litigation advocacy ideas at http://keenetrial.com/blog/ (via @KeeneTrial)
6. You've been Stumbled! says:

   March 30, 2010 at 12:56 AM

   [...] You've been Stumbled! [...]
7. Yosie Saint-Cyr says:

   February 12, 2010 at 3:18 PM

   RT @keenetrial Simple Jury Persuasion: She reminds me of my Grandmother… http://bit.ly/9by8RI
8. Cynthia Henley says:

   February 7, 2010 at 8:41 PM

   RT @KeeneTrial: Launching new blog feature Monday: Voir Dire Clinic (send us cases 4 voir dire question ideas) http://bit.ly/1YnQ4O / cool
9. julie campanini says:

   January 20, 2010 at 1:03 AM

   RT @KeeneTrial: New blog post: We act as we believe others expect us 2 act (clues 4 appearing confident in voir dire) http://bit.ly/1YnQ4O
10. Heledd Straker says:

    January 8, 2010 at 5:52 PM

    RT @Eline_Kullock: Generation Y: Just the facts http://migre.me/fTaM #millennials #geny
11. Chad Piotrowski says:

    January 8, 2010 at 5:24 PM

    RT @KeeneTrial: New blog post: Simple Persuasion Strategies: The Alpha & Omega Persuasion tactics http://bit.ly/U0rhA