CBA Record Nov-Dec 2019

Winning by Design By Caryn Suder, CBA Record Editorial Board; Loyola University Chicago

P articipants in a recent CLE pro- gram learned how methods used to present compelling stories in movies and television can also help persuade jurors at trial. Karyn J. Taylor, Founder and Principal Trial Consultant at The Strategic Image, and previously an award-winning producer/director/writer for programs such as 60 Minutes, 20/20, and Frontline, spoke at the event Taylor explained that many lawyers fail to understand that unlike jurors in the past, modern jurors expect their infor- mation to be packaged into a compel- ling visual narrative to comprehend and retain it. Jurors are very familiar with the visual formats Hollywood and TV news programs use to tell stories. Failing to deliver trial information in a story using these types of formats makes jurors more likely to become impatient, criticize the presentation, and tune out the lawyers – to the detriment of their clients. She cited a study that showed that adding visuals constantly throughout a trial, from open- ing statement, through witness testimony, and through closing argument, maximizes juror comprehension and retention. A story is a narrative that describes a series of connected events and has a begin- ning, a middle, and an end. Moviemakers

set up the story in Act I, present conflict and/or development in Act II, and resolve issues in Act III. Then they use specific techniques throughout these acts to keep their audience interested. Lawyers need to emulate that. At trial, Act I is the opening statement, Act II is the case in chief and rebuttal, and Act III is the closing argu- ment. Merely having a good plot is not enough. Just as good movies and news stories hook viewers emotionally, lawyers need to engage jurors’ emotions through- out trial. Lawyers need to create empathy for their clients, and one way to do that is to communicate what the client was thinking and what the client’s motive was in acting or failing to act. Jurors want to know the emotional reason that the client behaved the way he or she did. Lawyers too often focus on logic, and merely pres- ent a list of facts and witnesses to the jury. Human stories, however, resonate with jurors much more than any legal argu- ment. Lawyers also need to find and use a “throughline,” an emotionally compelling theme or premise that runs like a spine from beginning to end. In the movies, the plot describes what happened, but the throughline is what the movie is really

Award-winning screenwriter, trial consultant and former 60 Minutes producer Karyn J. Taylor shares some of the storytelling techniques that Hollywood producers use to capture audience attention at the September 20 CLE “Winning by Design: The Masterful Way to Win in Court.” about, such as growing up, trying to save a loved one, or doing the right thing. Law- yers need to find the throughline in their own case, and use evidence, witnesses, and graphics as road signs throughout trial to keep jurors on track. In sum, using the tools employed by Hollywood and television news provides structure and emotional cohesion to the client’s story, creates empathy for the client, and adds drama that keeps jurors engaged. This is the winning design that increases the persuasive power of the lawyer’s presentation.

VOLUNTEER OPPORTUNITY: Immigrant Relief Screening Clinics TheYoung Lawyers Sectionwill partner with the National Immigrant Justice Center (NIJC) to host immigration relief screening clinics for Chicago residents on Tuesday, November 19, 2019 . Volunteer attorneys, law students and Spanish language interpreters are needed for daytime sessions taking place at multiple locations in the city – Wright College and Richard J. Daley College. Prior to the clinic, volunteers will be provided a general orientation by the NIJC team on how to conduct legal screenings for immigration relief. NIJC will pair with local community partners to schedule pre-set appointments with immigrants. Volunteerswill be expected to conduct 1-2 intakes per clinic and interpreterswill be available to assist if needed. This is a one-time volunteer opportunity; attorneys will not be expected to represent any client for whom they conduct a screening. Visit www.chicagobar.org/yls (events) for more information and to volunteer.

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