For most jurors, a trial is a crash course in unfamiliar, complex information. Much of the subject matter that trial lawyers wrestle with on a daily basis in complex commercial litigation is completely foreign to the average juror: the inside world of the securities market; insurance; intellectual property; the work of The Big 4 accounting firms; investment banking; technology and the law – just to name a few. Given the context, what can be done to accelerate learning and increase retention?
In a study entitled Graphic Organizers: A Review of Scientifically Based Research, The Institute for the Advancement of Research in Education concluded that visual learning improves student [juror] performance in the following areas, all of which have direct relevance to the juror experience in a trial:
- Critical Thinking. Trial Lawyers who link verbal and visual information help jurors make connections, understand relationships and recall related details.
- Retention. Jurors better remember information when it's represented and learned both visually and verbally.
- Comprehension. Jurors better comprehend new ideas when they are connected to prior knowledge.
- Organization. Jurors themselves learn how to use diagrams to display large amounts of information in ways that are easy to understand and help reveal relationships and patterns.
With an appreciation of the benefits of a visual learning model, our focus is to help our clients identify the key case concepts jurors need to learn and then develop trial graphics that educate and persuade them from opening statement, through witness testimony and closing argument. Like our Jury Consulting practice, we stress the importance of ensuring that any demonstrative we are creating meets an objective that has been carefully thought out beforehand. Although we pride ourselves on our creativity, we shun “bells and whistles” – creativity is best expressed with simple, clear ways of visually conveying complex issues or arguments. By integrating jury research and persuasive graphics under one roof, our clients can be assured that they are armed with a trial strategy that has not only been rigorously tested and refined, but is also complemented by persuasive visuals to clarify necessary issues and advance key arguments.