| Table of Illustrations |
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xiii | |
| Acknowledgements |
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xxiii | |
| Why a Second Edition? |
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xxv | |
| Chapter 1 Giving the Jurors What They Want |
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1 | (12) |
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2 | (2) |
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How to Give Jurors What They Want |
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4 | (7) |
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Understand the Mechanics of Why the Jury System Works and How |
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12 | |
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Diverse Jurors Reach a Single Verdict |
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4 | (1) |
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Understand How to Best Persuade Your Jurors |
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5 | (1) |
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Understand the Power of Narratives and How to Best Assemble a Persuasive Story |
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6 | (1) |
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Understand Why Trial Graphics and Visual Thinking Are So Important |
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6 | (1) |
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Understand and Master the Basics of Information Architecture |
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7 | (1) |
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Know the General Rules of Evidence Related to Graphics and Persuasion Tools |
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8 | (5) |
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13 | |
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Standard Forms of Graphics |
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8 | (1) |
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Know Which Graphics Work Best during Each Trial Phase |
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9 | (1) |
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Know How to Present Your Material Using Different Types of Trial Technology |
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9 | (2) |
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How to Use This Book and Supplemental Webpage |
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11 | (2) |
| Chapter 2 How the Jury Reaches Its Verdict |
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13 | (34) |
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It's a Strange System, But It Works |
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13 | (3) |
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Why the Jury System Works |
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16 | (8) |
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1 Jurors Take Their Jobs Very Seriously and Work Hard to Find the "Right" Answer |
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17 | (1) |
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2 Jurors Share Certain Basic Experiences, Values, and Common Connections |
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17 | (3) |
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3 Most Cases Are Defined by Recurring Core Elements Already Familiar to Jurors |
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20 | (1) |
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4 We Educate the July Using Stories |
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21 | (1) |
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5 During Trial We Repeat Our Story Three Times, Each Time Using Slightly Different Tools That Appeal to the Jurors' Various Learning Styles |
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21 | (3) |
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6 At Key Points in the Trial We Talk Directly to the Jurors |
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24 | (1) |
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How Jurors Process the Information You Give Them |
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24 | (7) |
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Purely Systematic Processing-Moving from the Outside In |
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27 | (2) |
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Heuristic-Based Processing-Stuck in the Middle or Zigzagging from the Inside Out |
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29 | (2) |
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How Jurors Reach a Verdict and the Role of the Active Jurors |
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31 | (9) |
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31 | (6) |
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37 | (3) |
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Different Paths to the Same Verdict-The Concept of Core Values |
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40 | (7) |
| Chapter 3 How Jurors Are Persuaded |
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47 | (50) |
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Highly Persuasive Trial Lawyers Share Six Characteristics |
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47 | (2) |
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Highly Persuasive Trial Lawyers Educate Their Jurors |
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49 | (3) |
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Yosemite Sam Never Taught Nothin' to Nobody |
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49 | (1) |
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Trial Lawyers Are Teachers |
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50 | (2) |
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Highly Persuasive Trial Lawyers Simplify Their Cases |
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52 | (25) |
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54 | (1) |
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Competition between Comprehension and Interest |
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55 | (3) |
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58 | (4) |
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How the Competing Factors of Understanding and Interest Interact within the Complexity Scale |
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62 | (15) |
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Highly Persuasive Trial Lawyers Maintain Perspective |
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77 | (4) |
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Understanding the Underlying Facts |
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78 | (2) |
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Developing an Overview of the Overall Case |
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80 | (1) |
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Highly Persuasive Trial Lawyers Engage in Mental Mining |
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81 | (10) |
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How to Engage in Mental Mining |
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83 | (3) |
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Anatomy of a Mental Mining Session |
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86 | (1) |
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Mental Mining Sessions Usually Require Five Steps |
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87 | (4) |
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Highly Persuasive Trial Lawyers Find Ways to Appeal to Jurors' Core Values |
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91 | (4) |
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Highly Persuasive Trial Lawyers Arm Their Active Jurors so These Jurors Can Do Their Jobs |
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95 | (2) |
| Chapter 4 The Importance of Your Story |
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97 | (46) |
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97 | (2) |
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Characteristics of Great Stories |
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99 | (1) |
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Great Stories Are Built Around a Single Factual Theory |
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100 | (11) |
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Assembling Your Factual Theory Involves Two Steps |
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102 | (9) |
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Great Stories Incorporate Powerful Case Themes |
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111 | (12) |
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Themes Serve Two Major Functions |
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112 | (4) |
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When and How to Use Case Themes |
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116 | (2) |
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The Six Categories of Case Themes |
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118 | (4) |
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Most Cases Rely on Multiple Case Themes Chosen from Several Different Types |
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122 | (1) |
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Great Stories Always Address Motive |
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123 | (5) |
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Why Is Motive So Important? |
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124 | (1) |
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125 | (1) |
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125 | (3) |
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Great Stories Are Always Told Following a Carefully Chosen Plot |
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128 | (1) |
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Examples of Alternative Ways to Tell Your Story |
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129 | (11) |
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Example 1: In Media Res-Starting Somewhere in the Middle |
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130 | (5) |
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Example 2: Telling the Story Backwards |
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135 | (3) |
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Example 3: The Picket Fence Technique |
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138 | (1) |
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Example 4: What Went Wrong? |
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139 | (1) |
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Always Have a Strong Beginning |
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140 | (1) |
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Always Have a Strong Ending |
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140 | (3) |
| Chapter 5 Graphic Persuasion Tools |
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143 | (44) |
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143 | (1) |
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Lawyers Make Four Major Mistakes |
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144 | (3) |
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The Characteristics of Good Graphics |
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147 | (5) |
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The Importance of Graphics |
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152 | (33) |
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Graphics Convey Differences Far Better Than Just Words |
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153 | (2) |
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Graphics Often Capture and Hold the Jurors' Attention Better Than Just Words |
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155 | (1) |
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Graphics Often Provide Necessary Toeholds Better Than Just Words |
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156 | (3) |
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Graphics Often Allow You to Simplify Issues Using Visual Analogies |
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159 | (3) |
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Graphics Often Affect Emotions Far More Than Mere Words |
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162 | (2) |
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Graphics Often Better Illustrate Whether or Not There Is a Pattern |
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164 | (2) |
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Graphics Often Answer the Question "Compared to What?" Better Than Just Words |
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166 | (2) |
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Graphics Often Help Active Jurors Get Organized Better Than Just Words |
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168 | (6) |
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Graphics Often Make It Easier to See Things Not Otherwise Visible in Court |
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174 | (4) |
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Graphics Often Allow You to Compare and Contrast Evidence Far Better Than Just Words |
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178 | (3) |
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Graphics Often Convey How Events Relate Chronologically Better Than Just Words |
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181 | (1) |
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Graphics Often Help Define Key Terms Better Than Just Words |
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182 | (2) |
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Graphics Often Help Explain Your Overall Argument Better Than Just Words |
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184 | (1) |
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Do Not Forget That Graphics Often Make You a Better Teacher |
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185 | (2) |
| Chapter 6 Information Architecture |
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187 | (52) |
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Information Architecture for Trial Lawyers |
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187 | (3) |
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Information Architects Lower Barriers to Learning |
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187 | (2) |
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Information Architects Help Those with Information Engage Those Who Need It |
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189 | (1) |
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Don't Forget That Trials Are Odd Creatures |
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190 | (7) |
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Trial Lawyers Have One Big Disadvantage |
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190 | (6) |
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Trial Lawyers Have Two Advantages |
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196 | (1) |
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Time and Space Are Limited Commodities |
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197 | (29) |
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Turn the Limitations of Time and Space to Your Advantage |
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198 | (1) |
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Allocate Time and Space Effectively |
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198 | (8) |
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Overcome the Restrictions of Time and Space |
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206 | (20) |
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Help Jurors Find Their Way |
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226 | (6) |
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Titles Help Remind Jurors Where They Are in the Case |
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228 | (4) |
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Icons Help Connect Two or More Graphics Together |
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232 | (1) |
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232 | (4) |
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236 | (3) |
| Chapter 7 Evidentiary Considerations For Trial Graphics |
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239 | (12) |
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Categories of Trial Material |
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239 | (4) |
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Standards of Usability: The Purpose Continuum |
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243 | (4) |
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Trial Material Must Not Violate Any Substantive Rule of Evidence |
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244 | (1) |
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Trial Material Must Be Relevant |
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245 | (1) |
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Trial Material Must Be Generally Fair and Accurate |
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245 | (2) |
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To Be Admissible as Evidence, Trial Material Must Also Meet Foundational Requirements |
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247 | (1) |
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Usability and Display Methods: The Technology Continuum |
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247 | (3) |
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Two Powerful Incentives for Judges to Allow You to Use Trial Material |
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250 | (1) |
| Chapter 8 Thirteen Standard Types Of Trial Graphics |
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251 | (56) |
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251 | (1) |
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Text Pulls: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You Parts of Important Documents |
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252 | (1) |
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252 | (13) |
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253 | (7) |
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260 | (5) |
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Timelines: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You How Important Dates Relate to One Another |
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265 | (18) |
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265 | (1) |
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266 | (4) |
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270 | (3) |
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The Most Common Types of Timelines |
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273 | (3) |
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276 | (7) |
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Chronologies: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You Important Dates |
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283 | (2) |
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Outlines: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You Where We Are Going |
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285 | (2) |
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Flowcharts: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You How We Are Going to Get There |
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287 | (2) |
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Checklists: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You Where We Have Been and What We Saw Along the Way |
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289 | (2) |
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Graphs and Charts: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You Numerical Data |
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291 | (2) |
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291 | (1) |
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292 | (1) |
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Maps: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You Where Things Are Located |
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293 | (5) |
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Photographs: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You What Something Really Looks Like |
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298 | (2) |
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Summary Collages: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You a Summary of Our Position |
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300 | (2) |
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Tutorials: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows You Necessary Background Information |
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302 | (2) |
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Analogies: Ladies and Gentlemen of the Jury, Here Is a Graphic That Shows How Two Things Are Alike |
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304 | (1) |
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Process Flowcharts: Ladies and Gentlemen of the Jury, Here Is a Process |
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304 | (3) |
| Chapter 9 Specific Types of Graphics For Specific Parts of Trial |
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307 | (70) |
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Important Times to Use Graphics |
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307 | (1) |
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Using Graphics in Your Opening Statement |
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307 | (23) |
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Tell the Jury What This Case Is About |
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308 | (8) |
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Provide a Chronological Overview |
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316 | (1) |
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Show the Jury Your Key Documents and Explain Their Importance |
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316 | (1) |
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Introduce the Key Players to the Jurors |
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317 | (6) |
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Introduce Key Concepts to Your Jurors |
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323 | (5) |
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Display Mastery of Your Case |
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328 | (2) |
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Using Graphics During Expert Witness Testimony |
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330 | (29) |
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Expert Witnesses Present Numerous Challenges |
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330 | (4) |
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"Gingers" and "Blah Blah Blahs" |
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334 | (1) |
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335 | (9) |
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Make the Most of Your Blah Blah Blahs |
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344 | (15) |
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Using Graphics During Your Closing Argument |
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359 | (18) |
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359 | (4) |
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Turning Your Opponents' Own Graphics against Them |
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363 | (1) |
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Instructing the Jurors on the Law |
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364 | (2) |
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366 | (5) |
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Using Graphics for No Other Purpose Than Arguing |
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371 | (1) |
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Making Thematic Arguments |
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372 | (5) |
| Chapter 10 How to Present Your Case |
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377 | (70) |
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377 | (2) |
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379 | (5) |
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The Medium Is Not the Message |
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379 | (2) |
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Courtroom Technology Cannot Think for You |
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381 | (3) |
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Overview: Ways To Display Your Trial Graphics |
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384 | (4) |
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Trial Technology Taxonomy |
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384 | (2) |
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More Technology Is Not Necessarily Better Technology |
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386 | (2) |
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Display Methods From The Nonelectrical Kingdom |
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388 | (44) |
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Blackboards and Flip Charts |
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388 | (27) |
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415 | (14) |
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429 | (3) |
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Display Technologies From The Electrical Kingdom |
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432 | (12) |
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"Projection Only" Systems |
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432 | (1) |
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Integrated Presentation Systems |
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433 | (1) |
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434 | (4) |
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438 | (2) |
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440 | (4) |
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Mental Mining And Technology |
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444 | (3) |
| Index |
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447 | |
