Practice Pointers for Crafting and Presenting Your Case: Lessons from the "Good Company Story"
As attorneys, our success often hinges on how well we can connect with a jury. Whether your case involves a Fortune 500 client or a local business, the story you tell in the courtroom matters. At this year’s NARTC Annual Meeting, Jeff Scolaro and Mallory Sanzeri’s presentation, "Elevating the Good Company Story: Immersing Jurors in the Great Company Experience," offered practical insights that every lawyer should consider when crafting their litigation strategy.
Here are the key takeaways—and how you can apply them to your own practice.
1. Understand the "Good Company Story"
Jurors often have preconceived notions or gaps in their understanding of the businesses involved in a case. The "good company story" bridges this gap by presenting your client as not just a name but as a trustworthy, ethical, and relatable entity.
Why It’s Important:
Juror Perception: A majority of jurors begin cases with no knowledge of the company, and their imagination often defaults to stereotypes or negative assumptions.
Reality vs. Imagination: If left unchecked, jurors may fill in the blanks with biases or worst-case scenarios.
Actionable Tip:
Educate the jury on your client’s values, mission, and contributions to the community early in your case. Use exhibits, witnesses, and visuals that humanize your clients and highlight their positive impact.
2. Paint a Compelling Picture of Reality
One of the standout points from the presentation was the contrast between what jurors imagine and the actual reality of a case. Your role is to ensure the jury’s understanding aligns with the truth—not misconceptions.
Why It’s Important:
Jurors rely on narratives to make sense of complex information.
A poorly constructed narrative leaves room for opposing counsel to take control of the story.
Actionable Tip:
Show, Don’t Tell: Use visuals such as timelines, organizational charts, and 3D recreations (where appropriate) to immerse jurors in the factual reality of the case. This not only engages their attention but also strengthens retention of key points.
3. Immerse Jurors in Your Client’s Story
Scolaro and Sanzeri emphasized the importance of creating an "experience" for jurors. This goes beyond facts and figures—it’s about evoking emotions and building trust.
Why It’s Important:
Human Nature: Jurors are more likely to empathize with and believe in a client they feel they know.
Engagement: An engaging story keeps jurors attentive, minimizing the risk of losing their focus during lengthy trials.
Actionable Tip:
Use storytelling techniques such as:
Testimonials: Highlight employee, customer, or community member experiences to build credibility.
Day-in-the-Life Examples: Show what your client’s operations look like on a daily basis to demystify their business practices.
4. Prepare for the "What Ifs"
Anticipating jurors' questions and concerns is critical. Addressing these "what ifs" before they arise can prevent opposing counsel from seizing on them.
Why It’s Important:
Proactive Defense: Leaving unanswered questions can create doubt, even if you’ve presented strong evidence.
Control of the Narrative: Preemptively addressing weak points demonstrates confidence and integrity.
Actionable Tip:
Conduct mock trials or focus groups to identify potential questions or concerns jurors may raise. Use their feedback to refine your presentation.
5. Leverage Technology Thoughtfully
Jurors are accustomed to engaging with information through screens. Incorporating technology into your presentation can enhance understanding and retention.
Why It’s Important:
Clarity: Complex concepts are easier to digest with visual aids.
Engagement: Dynamic presentations keep jurors attentive, particularly in cases with technical or dry subject matter.
Actionable Tip:
Use animations, video depositions, and digital exhibits to illustrate key points. However, ensure that your tech enhances rather than distracts from your message.
Final Thoughts
The "good company story" isn’t just a technique—it’s a mindset. By focusing on authenticity, clarity, and engagement, you can transform how jurors perceive your client and their case. As you prepare for your next trial, remember: it’s not just about winning the argument—it’s about earning the jury’s trust.
Are you ready to elevate your courtroom strategy? Start by telling a better story.
