Law school prepares attorneys for many things, but thinking like an average juror is not among them. Understanding how jurors will evaluate the facts and legal issues in your case is mission-critical information. Framing facts and legal issues properly is essential for success. Knowing the frames that work and those that dont may determine whether you win or lose. Detailed below are some practical considerations on how to determine the optimal frames for a jury verdict in your favor.
1. Knowing What You Dont Know
Thinking critically at all times about proving the elements of a case is what trial lawyers do. Too often, smart attorneys can become enamored with facts or issues that are simply too dense, complex, or inaccessible for typical jurors. In every case, there are limits on what you can expect the jury to consider, evaluate, process, and decide. Jury research helps define those limits. It is dangerous to assume how a jury will process facts and issues. Observing that process through a focus group of prospective jurorsa surrogate jurytakes away the mystery and helps the trial team focus the presentation of the case.
