Don't let the title fool you. Marketers aren't liars, and neither are lawyers. This book focuses upon how marketers can tell authentic stories to sell their products, but it also applies to your ability to tell authentic stories during trial.
Here are four quick tips I picked up from this book that you can apply to your courtroom presentations.
Tip 1. Discover worldviews during jury selection How jurors view the world (and your case) depends upon their experiences. For example, a Republican's first view of a Democratic candidate is very different from a Democrat's first view. Godin says "A worldview is not who you are. It's what you believe. It's your biases." Don't try to change their worldviews - you can't. Instead, ask yourself, "How can I uncover these experiences and worldviews?" To convince them, you'll need to get past the filters and biases they erect to protect themselves. They want to hear stories that will support their worldview. Their worldviews will affect the way they perceive information and alters the way they interpret everything you say and do. Frame your story in terms of their worldview, and it will be heard. [Step 1: Their Worldview and Frames Got There Before You Did]
Tip 2. First impressions (and lasting impressions) First impressions aren't important - they're crucial! However, it's not just your first impression that matters - it's every impression that you make upon the jury. You must be consistent and authentic every step of the way. If you make a fantastic impression during jury selection, but don't maintain that impression throughout the trial, the jury will pick up on the inconsistency and hold it against you. That same philosophy applies to your clients and witnesses. [Step 3: First Impressions Start the Story]
"You don't get to just sit down and make up a story and expect that people will believe it merely because you want them to." Jurors are too smart for that. You can't simply claim that your client's version of events is the correct one - you must tell a story, not give a lecture. Mere proof isn't enough. You win when the juror proves to himself that your version is the correct one. "The process of discovery is more powerful than being told the right answer - because of course there is no right answer, and even if there were, the [juror] wouldn't believe you!" During opening statement, tell a compelling story. Arrange the facts in such a way that the jurors reach your conclusion on their own. [Examples - Stories Framed Around Worldviews.]
Tip 4. People hate to admit that they're wrong
"The problem is that
once a [juror] has
bought someone
else's story and
believes that lie,
persuading the
[juror] to switch is
the same as
persuading him to
admit he was wrong.
And people hate
admitting that
they're wrong.
Instead, you must
tell a
different
story and persuade
those listening that
your story is more
important than the
story they currently
believe." Use a
frame that matches
the worldview of
your undecided
jurors.
[Competing in
the Lying World]
Order your copy of
All
Marketers are Liars
by clicking WANT TO USE THIS ARTICLE IN YOUR EZINE, WEBSITE, OR BAR ASSOCIATION PUBLICATION? You can, as long as you include the following blurb with it: Elliott Wilcox publishes Trial Tips Newsletter, a free weekly e-zine for trial lawyers that reveals simple, effective, and persuasive techniques to help you win more trials, guaranteed. Sign up today for your free special report: “How to Become the Best Trial Lawyer in Your Courthouse – The Top Ten Tips for Trial Lawyers,” at www.TrialTheater.com
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