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YOUR AUDIENCE: EFFECTIVELY PRESENTING EVIDENCE TO GENERATIONS X AND Y By David W. Mykel
INTRODUCTION
One of the most important aspects of any presentation is knowing your audience. Before you make your next presentation to a jury, consider this:
Over 60% of them were born after 1967 (this number will continue to grow steadily), and almost 70% of them get their news from the Internet.
The members of Generation X (born between 1965 and 1976) and Generation Y (born between 1977 and 1998) were raised in the information age. As a result, the way these individuals process, evaluate, and retain information differs from the previous generations. These differences will greatly influence not only how you communicate with them, but also with what medium.
For example, the younger the jury panel, the more important it is to communicate with the jurors via technology. Fifteen years ago, jurors wanted lawyers to summarize exhibits and documents using bubble charts and were engaged by this static media. However, in today's courtroom, jurors expect more -- they want to see, feel, and touch the data.
THE MULTIMEDIA MIX
To build rapport and credibility with Generations X and Y jurors, you need to understand them. They grew up in the digital age. Their world revolves around technology. These jurors are used to being engaged across multiple visual mediums. To capture their attention, you need to meet them on familiar ground -- multimedia.
For Gen X and Y jurors, information is abundant and comes at them rapidly and relentlessly. When watching a typical newscast, jurors are bombarded with information -- a talking head in the middle of the screen, a news ticker scrolling on the bottom, an additional correspondent in the top right and an American flag waving in the top left. This sensory barrage is even more concentrated when using the Internet, which over 80% of Generation X and Y jurors do.
Web sites like CNN, MSN, and USA Today contain approximately 100 bits of information with up to 15 moving parts at any time. They know that viewers absorb information visually, graphically, and in 10- to 30-second sound bites. Movement, colors, and pictures capture attention.
In short, you need a mix of media, complemented with effectively created graphics, to meet the expectations of jurors and gain a much-needed competitive edge during trial.
For example:
- Colorful, vivid, interactive graphics created in programs like Abode Flash.
- Deposition video with synchronized scrolling text.
- Static media that "pops" by highlighting relevant portions of a document or other evidence.
- Trial presentation software like Sanction or Trial Director to tie everything together and tell a story.
SHOW AND TELL
A traditional juror has a 15 second attention span, while Gen X and Y jurors have around a 10-12 second attention span. Jurors are constantly thinking about stuff other than your case. Gen X and Y jurors are more likely to disengage during a rambling presentation than during a succinct statement supported by demonstrative evidence.
Studies have demonstrated that by showing and telling, jurors retain information for a much longer period of time. The most notable study involving this theory was conducted by 3M, which concluded that a picture is indeed worth a thousand words. See The Weiss-McGrath Report (1994). Other studies have shown that 70% of jurors are visual learners (many lawyers are bookworms so they do not fall within the majority).
When information is shown and explained at the same time, it enters the visual cortex (frontal lobe of the brain) and the auditory cortex (temporal lobe) simultaneously, hardwiring it into memory. Thus, you need to ensure that you not only tell jurors about your case, but also show them the way to your preferred verdict.
CONCLUSION
Taking the above into consideration, it's easy to conclude that technology is no longer a luxury, but mandatory. After completing hundreds of post-trial interviews with Generation X and Y jurors, one thing is clear: they do not understand why lawyers are techno-phobic. The argument that something is too "slick" doesn't compute with their world view. To them, technology is a necessary means to an end that you should use to help your presentation become more memorable.
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ABOUT DAVID W. MYKEL
David W. Mykel is a litigation consultant for Courtroom Sciences in Irving, Texas. He comes from a psychology background, having earned a B.A. in Psychology and Criminal Justice as well as a Masters in Forensic Psychology. David considers himself part of a new breed of technologically savvy psychologists who specialize in case presentation and strategy including litigation graphics, jury selection, and trial technology. His background also includes mock trials and focus groups.
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