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Stories make Jurors take Action

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If you make an argument, you’re implicitly asking the jury to evaluate your argument – to judge it, debate it, criticize it and then argue back. But when you tell a story, you are inviting the jury to accompany on a trip that ends with your desired outcome.

The power of story is twofold. First, the story provides a framework for understanding what happened and to whom. Second, the story provides inspiration, which can serve as motivation for a juror to act.

There are three different types of inspirational stories, or stories that make jurors take actions. Consider the following.

  • Challenge Plot: This is a story about a protagonist who overcomes a formidable challenge and succeeds. David and Goliath is the classic challenge plot. Variations of the challenge plot include: the underdog story, rags to riches, and willpower over adversity, e.g., Jared and his Subway sandwich diet. Challenge plots are very inspiring but they inspire in a specific way – they make us want to work harder, take on new challenges, or overcome obstacles.
  • Connection Plot: This is a story about people who develop a relationship and the relationship bridges a gap – racial, class, ethnic, religious, demographic or otherwise. The story of the Good Samaritan is the classic connection plot. The Coke commercial with Mean Joe Green and the little kid was a connection plot. Connection plots inspire us to us help others, be more tolerant of others, work with others, and love others.
  • Creativity Plot: This is a story about someone making a mental breakthrough, solving a long standing puzzle or tackling a problem in an innovative way. The classic creativity plot is the apple falling on Newton’s head. The MacGyver TV show was an example of how to tackle a problem in an innovative way. Creativity plots make us want to do something different, be creative, or experiment with new approaches.

If you think you should emphasize facts over story, think again. A professor conducted a study in which students listened to fellow students make presentations. After the presentations ended, the professor had the students watch a short video. Then the students were asked to recall presentations. The students recalled only 5 percent of the statistics in presentations but they recalled 65 percent of the stories.

Putting it all together
Whether you are going to mediation or trial, you should organize the facts of your case into an inspirational story.  Stories have a lasting impact and used correctly, a story can inspire the trier of fact to act in your favor.  If you follow these tips, you will Combine the art of Law…with the laws of Science.

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About the Author:

Dr. Ferrara is the president of Westlake Trial Consulting, LLC. He is an experienced trial consultant, writer, and expert witness.