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Betsy Collins, Burr & Forman, LLP

Ralph Summerford, Forensic/Strategic Solutions, PC




                                                 1
Generation X (1965-1976)
      Characteristics
Maintain traditional values
 “Personal responsibility"
 “Self- reliance“
Pragmatic
Practical
Conservative

                              2
Generation X (1965-1976)
Characteristics - Continued
Cautious

Realistic

Responsible

Desire stability



                              3
Generation X (1965-1976)
Characteristics - Continued
Skeptical

Independent

Cynical

Value ethics and morality

                              4
Generation X (1965-1976)
   Characteristics - Continued
Low expectations of government

Strong family connections

Tolerant of diversity

Weak attachment to political
parties


                                 5
Generation Y (1977-1989)
      Characteristics
Type A Personality

Fast-paced

Competitive

Productive

                             6
Generation Y (1977-1989)
        Characteristics
Optimistic

Embrace diversity

Individualistic

Technologically savvy

                              7
Generation Y (1977-1989)
        Characteristics
Creative

Multi-tasking

Accepting of change

Idealistic

                              8
Generation Y (1977-1989)
        Characteristics
Team player

Analytical

Confident

Open-minded

                              9
Important Jury Factors for Gen X

 Extremely independent

 Low expectations for help from other
 quarters such as government

 Little deference to authority figures

 Orientation towards personal
 responsibility
                                         10
Communicating with Gen X
First generation to always have
television as part of daily life – more
stimulated by visual images
Can easily manage more than one
stimulus at a time and spoken word may
be boring
Presentations need to be punchy and
entertaining


                                          11
Ways to Tap Strengths as Jurors
Leverage themes that appeal to Gen X’s
values – tradition, ethics, rules, morality,
pragmatism, independence, self-reliance
Use positive terms: “strong”,
“responsible”, “accountability”, and
“personal responsibility”
Fighters vs. Criers
Avoid emotional appeals


                                               12
Generation Y
Nexters
Echo Boomers
iPod Generation
Generation Why
Internet Generation
Boomerang Generation
Thumbers
Millennials


                       13
Understanding Context for Gen Y

 World always included
   AIDS
   Unified Germany
   Answering machines
   Remote controls

 Never seen a tab that could be completely
 pulled off a soda can
 Always had digital media
 All got trophies in sports


                                             14
Important Jury Factors for Gen Y

 May be fiscally conservative
 Looser definition of “cheating”
 Most educated generation, but may
 have “holes” in their knowledge base
 Team mentality
 Wary – you can’t be too careful

                                        15
Important Jury Factors for Gen Y

 “Green”

 Safety-conscious upbringing

 Question authority

 Distrust of institutions

 Cynicism and skepticism

                                   16
Significant Strengths
They are digital natives – we are
digital immigrants
Ability to quickly gather and research
multiple pieces of information
Ability to analyze and sift through
large amounts of information -
connecting the dots
Most effective at multi-tasking

                                         17
Significant Flaws
May not recognize some information
more reliable
May miss problems with bias
May not evaluate information
contextually
May not be able to judge credibility of
witnesses
May be impatient and yet expect all
questions to be answered

                                          18
Ways to Tap Strengths as Jurors
Leverage structure and
connectivity/family orientation to develop
case themes
Appeal to idealism with themes of
“meaning”, “righting wrongs” and
“fairness”
Help identify source validity in evidence
Emphasize facts


                                             19
Communicating with Gen Y
Appeal to Y’s value of education and
knowledge - be a teacher on facts
Give tools to be “experts”
Embrace technology – they expect it
Tell story visually
The ELMO may bore them

                                       20
Communicating with Gen Y

 Use pictures, videos, analogies, etc
 Use checklist graphics (structure)
 Use flash animation such as timeline
 that moves or pop up graphics
 Use graphs and other demonstratives
 in arguments or with experts
 Narrow your themes (attention span)

                                        21
Challenges with Internet Age Jurors
          (Gen X and Y)
Ready internet access conditions
jurors to instant gratification on
questions
Jurors may be tempted to “Google”
when they question witness
assertions, encounter unfamiliar
terms, or desire background context
Must plan ahead for this potential

                                      22
Pitfalls to Avoid
 Telling younger jurors what to think is
 dangerous (“You would agree with me. . .”)
 Avoid stereotypes – don’t assume what
 party affiliation or tattoos mean
 Don’t bore them – short attention span
 Failure to have facts and data to back up
 your story


                                              23
The Expert
Important Considerations




                           24
The Expert’s Testimony- Important
Considerations
   Trial is theater
   Where to dig in/where to give in
   What does jury need to know
   (not how you want to slam the
   lawyer)
   Update report close to trial

                                      25
The Expert’s Testimony- Important
Considerations
   Teach jurors

   One juror can explain to others

   Safe Place-Your
   language/vocabulary

   Fact or conclusionary question


                                     26
The Expert’s Testimony- Important
Considerations
 Trustworthiness & Rapport
   Access
   Eyeglasses
   Toes toward jury
   Short answer/long answer
   Connect
   Relax
   Asymmetry

                                    27
The Expert’s Testimony- Important
Considerations

   Off the record

   Objection/stop/re-ask

   question


                                    28
The Expert’s Presentation

“You only get one chance to make
      a good first impression.”
                    Author unknown




                                     29
The Expert’s Presentation
The $7 Second Rule
Dress for business—business formal
More preferable to be dressed
traditional than casual
Bottom line—the attorney is sizing
us up in his/her mind as to how we
will appear before the jury

                                     30
The Expert’s Presentation
Important Considerations
  Documents and exhibits

  Grooming

  Jewelry

  Styles

  Facial hair

  Hair/Makeup

                            31
Presentation Techniques
        Generation X
Convey a conservative demeanor
 Avoid loud colors and distracting
 patterns for attire
 Women should dress professional
 but feminine (navy blue over
 black)

                                     32
Presentation Techniques
         Generation X
Emphasize “the bottom line”

“Serial Position Effect” – Discuss
main message at beginning and
end of your testimony (maximizes
retention)
Use more facts and less opinions to
support your position

                                      33
Presentation Techniques
         Generation Y
Interact with your audience
Speak authoritatively when
presenting facts
Use a conversational, informal
tone when providing detailed
explanations
Body language-open and
approachable
Minimize technical jargon
                                 34
Presentation Techniques
         Generation Y
Interact with audience
Share stories/current events
Confidence v. arrogance
Always focus attention on
whoever is speaking
Make eye contact with each
juror

                               35
Presentation Techniques
         Generation Y
Visual communication is key
 Visual aids should use simple and
 limited wording
 Timelines are useful when making
 sense of numerous dates, times
 and connected individuals

                                     36
The Expert’s Presentation
Important Considerations




                            37

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Preparing Your Expert 2011

  • 1. Betsy Collins, Burr & Forman, LLP Ralph Summerford, Forensic/Strategic Solutions, PC 1
  • 2. Generation X (1965-1976) Characteristics Maintain traditional values “Personal responsibility" “Self- reliance“ Pragmatic Practical Conservative 2
  • 3. Generation X (1965-1976) Characteristics - Continued Cautious Realistic Responsible Desire stability 3
  • 4. Generation X (1965-1976) Characteristics - Continued Skeptical Independent Cynical Value ethics and morality 4
  • 5. Generation X (1965-1976) Characteristics - Continued Low expectations of government Strong family connections Tolerant of diversity Weak attachment to political parties 5
  • 6. Generation Y (1977-1989) Characteristics Type A Personality Fast-paced Competitive Productive 6
  • 7. Generation Y (1977-1989) Characteristics Optimistic Embrace diversity Individualistic Technologically savvy 7
  • 8. Generation Y (1977-1989) Characteristics Creative Multi-tasking Accepting of change Idealistic 8
  • 9. Generation Y (1977-1989) Characteristics Team player Analytical Confident Open-minded 9
  • 10. Important Jury Factors for Gen X Extremely independent Low expectations for help from other quarters such as government Little deference to authority figures Orientation towards personal responsibility 10
  • 11. Communicating with Gen X First generation to always have television as part of daily life – more stimulated by visual images Can easily manage more than one stimulus at a time and spoken word may be boring Presentations need to be punchy and entertaining 11
  • 12. Ways to Tap Strengths as Jurors Leverage themes that appeal to Gen X’s values – tradition, ethics, rules, morality, pragmatism, independence, self-reliance Use positive terms: “strong”, “responsible”, “accountability”, and “personal responsibility” Fighters vs. Criers Avoid emotional appeals 12
  • 13. Generation Y Nexters Echo Boomers iPod Generation Generation Why Internet Generation Boomerang Generation Thumbers Millennials 13
  • 14. Understanding Context for Gen Y World always included AIDS Unified Germany Answering machines Remote controls Never seen a tab that could be completely pulled off a soda can Always had digital media All got trophies in sports 14
  • 15. Important Jury Factors for Gen Y May be fiscally conservative Looser definition of “cheating” Most educated generation, but may have “holes” in their knowledge base Team mentality Wary – you can’t be too careful 15
  • 16. Important Jury Factors for Gen Y “Green” Safety-conscious upbringing Question authority Distrust of institutions Cynicism and skepticism 16
  • 17. Significant Strengths They are digital natives – we are digital immigrants Ability to quickly gather and research multiple pieces of information Ability to analyze and sift through large amounts of information - connecting the dots Most effective at multi-tasking 17
  • 18. Significant Flaws May not recognize some information more reliable May miss problems with bias May not evaluate information contextually May not be able to judge credibility of witnesses May be impatient and yet expect all questions to be answered 18
  • 19. Ways to Tap Strengths as Jurors Leverage structure and connectivity/family orientation to develop case themes Appeal to idealism with themes of “meaning”, “righting wrongs” and “fairness” Help identify source validity in evidence Emphasize facts 19
  • 20. Communicating with Gen Y Appeal to Y’s value of education and knowledge - be a teacher on facts Give tools to be “experts” Embrace technology – they expect it Tell story visually The ELMO may bore them 20
  • 21. Communicating with Gen Y Use pictures, videos, analogies, etc Use checklist graphics (structure) Use flash animation such as timeline that moves or pop up graphics Use graphs and other demonstratives in arguments or with experts Narrow your themes (attention span) 21
  • 22. Challenges with Internet Age Jurors (Gen X and Y) Ready internet access conditions jurors to instant gratification on questions Jurors may be tempted to “Google” when they question witness assertions, encounter unfamiliar terms, or desire background context Must plan ahead for this potential 22
  • 23. Pitfalls to Avoid Telling younger jurors what to think is dangerous (“You would agree with me. . .”) Avoid stereotypes – don’t assume what party affiliation or tattoos mean Don’t bore them – short attention span Failure to have facts and data to back up your story 23
  • 25. The Expert’s Testimony- Important Considerations Trial is theater Where to dig in/where to give in What does jury need to know (not how you want to slam the lawyer) Update report close to trial 25
  • 26. The Expert’s Testimony- Important Considerations Teach jurors One juror can explain to others Safe Place-Your language/vocabulary Fact or conclusionary question 26
  • 27. The Expert’s Testimony- Important Considerations Trustworthiness & Rapport Access Eyeglasses Toes toward jury Short answer/long answer Connect Relax Asymmetry 27
  • 28. The Expert’s Testimony- Important Considerations Off the record Objection/stop/re-ask question 28
  • 29. The Expert’s Presentation “You only get one chance to make a good first impression.” Author unknown 29
  • 30. The Expert’s Presentation The $7 Second Rule Dress for business—business formal More preferable to be dressed traditional than casual Bottom line—the attorney is sizing us up in his/her mind as to how we will appear before the jury 30
  • 31. The Expert’s Presentation Important Considerations Documents and exhibits Grooming Jewelry Styles Facial hair Hair/Makeup 31
  • 32. Presentation Techniques Generation X Convey a conservative demeanor Avoid loud colors and distracting patterns for attire Women should dress professional but feminine (navy blue over black) 32
  • 33. Presentation Techniques Generation X Emphasize “the bottom line” “Serial Position Effect” – Discuss main message at beginning and end of your testimony (maximizes retention) Use more facts and less opinions to support your position 33
  • 34. Presentation Techniques Generation Y Interact with your audience Speak authoritatively when presenting facts Use a conversational, informal tone when providing detailed explanations Body language-open and approachable Minimize technical jargon 34
  • 35. Presentation Techniques Generation Y Interact with audience Share stories/current events Confidence v. arrogance Always focus attention on whoever is speaking Make eye contact with each juror 35
  • 36. Presentation Techniques Generation Y Visual communication is key Visual aids should use simple and limited wording Timelines are useful when making sense of numerous dates, times and connected individuals 36