Last week we discussed the foundational premise that jurors are hostages. Their brains are under attack due to lack of status, certainty, autonomy, relatedness, and fairness (taken from David Rock’s book Your Brain at Work) and it’s up to YOU to set them free.

There’s a big problem though. YOU ARE ALSO A HOSTAGE.

Think about it…

What is your status in the courtroom as a plaintiff attorney?

Do you have certainty about which method works best?

Do you get to decide how the jury decides or must you also give up your autonomy?

How many jurors do you have a relationship with?

And let's be honest, isn't the system unfair?

Thankfully, I’ve never been in a true hostage situation, but I’ve seen enough movies to innately understand that hostages don’t free hostages. A hero has to free them.

So, how do you become the hero jurors need? First, you have to free yourself.

Okay, that sounds like a no-brainer. “But how, Sari? HOW?”

...

If you’ve followed me for any length of time, you will know that we have a hostage situation. News flash: Jurors are hostages! The jury selection process puts a juror’s brain under attack. They have no status, no certainty, no autonomy, no relationship, and the process seems entirely unfair. This brain attack sends them hurling into fight or flight and their number one objective is to get out of there as soon as possible. 

This is a major problem for you, the trial attorney. A juror trying to just get out of there is going to make the fastest decision possible and that will, most likely, go against your client.

You’ve got to act and act FAST. You must set them free!

Now, that doesn’t mean you must release them from duty or strike them quickly. You will only truly set them free if you address the brain attack. The keyword here is BRAIN attack. Start with their brains and meet them at the issue; leave the relationship for later. When...