written by NITA guest blogger, the Honorable Christina Habas
As trial lawyers, we are masters of our cases. We know the facts of the case like the back of our hands; the law comes easily to us to know what we must prove; and finally, we know how to communicate with power. What we often forget is that our biggest task is to convey our client’s STORY in a way that can be easily UNDERSTOOD by our listener. We also want our listener to REMEMBER what we tell them.
The best method of communicating concepts to be UNDERSTOOD and REMEMBERED is story. We tell ourselves stories all of the time, even when we are asleep, our brain is telling itself stories. As human beings, we are incapable of putting together large amounts of data in an understandable way unless we have the framework of story. And, as trial lawyers, we often must explain something to jurors who may have no personal experience or history to give them an understanding. If a juror has never before met a person who is paralyzed, they will have no concept of how that person copes with the world unless we find a way to connect with their own life experiences, making our client’s case more real.
We also know that if there is not a cohesive and coherent story in a case, the jurors will likely tell themselves their own story as they hear about a case. If my passion is to ride bicycles, I may listen to a case about a bicycle accident from the perspective of the cyclist – on the other hand, if I have unpleasant experiences as a car driver with bicyclists, I will likely listen with that perspective. This means that the listener will fill in any gaps in a story with their own story that fits into their own personal experiences and philosophy. This is how verdicts are sometimes perplexing, because the jurors have made a decision based upon the story they tell themselves, and that story is not necessarily in lock-step with the evidence presented at trial.
Storytelling is also effective because of the way we are hard-wired: when we listen to a story, our brains are transported into a calm, receptive state. We know, as the listener to a story, that we will not be called upon to actually participate in the process, and we have “mirror neurons” that fire the portion of our brain that would fire if we were actually participating in the action, as we listen to a description of the action.
Finally, if the listener can actually VISUALIZE your case in their own mind, you have a much better chance that the listener will not only understand what they are listening to, but also remember what they heard. This is the way a good trial lawyer will arm jurors so that the jury will reach the verdict that supports the lawyer’s client’s version of the case. It will ingrain the action in a way that makes the juror unlikely to be swayed away from that vision of the case.