Keeping the attention of jurors during a trial can be challenging. Trial days are long and most jurors are far removed from the days of listening to lengthy class lectures. These inherent difficulties are only magnified by the decreased attention spans caused by constant social media immersion and smartphone participation. Given these circumstances, it is difficult to imagine how trial attorneys can maintain jurors’ attention during key parts of trial. However, by examining how we process information, and how we formulate our beliefs, trial attorneys can find new opportunities to educate and persuade jurors.

The objects and causes of our collective distraction are ubiquitous. A 2019 Pew Research Center study found that 96% of Americans now own a cellphone of some kind. The share of Americans that own smartphones is now at 81%, up from just 35% in Pew Research Center’s first survey of smartphone ownership conducted in 2011. With most, if not all, social media platforms available via smartphone, it’s easy to understand how these devices capture and hold the attention of their users.