Preparing Your Expert 2011

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Betsy Collins, Burr & Forman, LLP Ralph Summerford, Forensic/Strategic Solutions, PC 1

Transcript of Preparing Your Expert 2011

  • 1.Betsy Collins, Burr & Forman, LLPRalph Summerford, Forensic/Strategic Solutions, PC 1

2. Generation X (1965-1976)CharacteristicsMaintain traditional values Personal responsibility" Self- reliancePragmaticPracticalConservative2 3. Generation X (1965-1976)Characteristics - ContinuedCautiousRealisticResponsibleDesire stability3 4. Generation X (1965-1976)Characteristics - ContinuedSkepticalIndependentCynicalValue ethics and morality4 5. Generation X (1965-1976) Characteristics - ContinuedLow expectations of governmentStrong family connectionsTolerant of diversityWeak attachment to politicalparties 5 6. Generation Y (1977-1989)CharacteristicsType A PersonalityFast-pacedCompetitiveProductive 6 7. Generation Y (1977-1989)CharacteristicsOptimisticEmbrace diversityIndividualisticTechnologically savvy7 8. Generation Y (1977-1989)CharacteristicsCreativeMulti-taskingAccepting of changeIdealistic8 9. Generation Y (1977-1989)CharacteristicsTeam playerAnalyticalConfidentOpen-minded9 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 XFirst generation to always havetelevision as part of daily life morestimulated by visual imagesCan easily manage more than onestimulus at a time and spoken word maybe boringPresentations need to be punchy andentertaining11 12. Ways to Tap Strengths as JurorsLeverage themes that appeal to Gen Xsvalues tradition, ethics, rules, morality,pragmatism, independence, self-relianceUse positive terms: strong,responsible, accountability, andpersonal responsibilityFighters vs. CriersAvoid emotional appeals 12 13. Generation YNextersEcho BoomersiPod GenerationGeneration WhyInternet GenerationBoomerang GenerationThumbersMillennials 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 cant be too careful15 16. Important Jury Factors for Gen Y Green Safety-conscious upbringing Question authority Distrust of institutions Cynicism and skepticism 16 17. Significant StrengthsThey are digital natives we aredigital immigrantsAbility to quickly gather and researchmultiple pieces of informationAbility to analyze and sift throughlarge amounts of information -connecting the dotsMost effective at multi-tasking 17 18. Significant FlawsMay not recognize some informationmore reliableMay miss problems with biasMay not evaluate informationcontextuallyMay not be able to judge credibility ofwitnessesMay be impatient and yet expect allquestions to be answered18 19. Ways to Tap Strengths as JurorsLeverage structure andconnectivity/family orientation to developcase themesAppeal to idealism with themes ofmeaning, righting wrongs andfairnessHelp identify source validity in evidenceEmphasize facts 19 20. Communicating with Gen YAppeal to Ys value of education andknowledge - be a teacher on factsGive tools to be expertsEmbrace technology they expect itTell story visuallyThe 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 conditionsjurors to instant gratification onquestionsJurors may be tempted to Googlewhen they question witnessassertions, encounter unfamiliarterms, or desire background contextMust plan ahead for this potential22 23. Pitfalls to Avoid Telling younger jurors what to think is dangerous (You would agree with me. . .) Avoid stereotypes dont assume what party affiliation or tattoos mean Dont bore them short attention span Failure to have facts and data to back up your story23 24. The ExpertImportant Considerations 24 25. The Experts Testimony- ImportantConsiderations 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 trial25 26. The Experts Testimony- ImportantConsiderations Teach jurors One juror can explain to others Safe Place-Your language/vocabulary Fact or conclusionary question 26 27. The Experts Testimony- ImportantConsiderations Trustworthiness & Rapport Access Eyeglasses Toes toward jury Short answer/long answer Connect Relax Asymmetry27 28. The Experts Testimony- ImportantConsiderations Off the record Objection/stop/re-ask question28 29. The Experts PresentationYou only get one chance to makea good first impression.Author unknown 29 30. The Experts PresentationThe $7 Second RuleDress for businessbusiness formalMore preferable to be dressedtraditional than casualBottom linethe attorney is sizingus up in his/her mind as to how wewill appear before the jury 30 31. The Experts PresentationImportant ConsiderationsDocuments and exhibitsGroomingJewelryStylesFacial hairHair/Makeup31 32. Presentation TechniquesGeneration XConvey 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 XEmphasize the bottom lineSerial Position Effect Discussmain message at beginning andend of your testimony (maximizesretention)Use more facts and less opinions tosupport your position33 34. Presentation Techniques Generation YInteract with your audienceSpeak authoritatively whenpresenting factsUse a conversational, informaltone when providing detailedexplanationsBody language-open andapproachableMinimize technical jargon 34 35. Presentation Techniques Generation YInteract with audienceShare stories/current eventsConfidence v. arroganceAlways focus attention onwhoever is speakingMake eye contact with eachjuror 35 36. Presentation Techniques Generation YVisual 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 37. The Experts PresentationImportant Considerations37