The “law of least effort” is an important principle for understanding jury decision-making. In short, if there are several ways of making sense of the evidence and testimony in a case, jurors will gravitate towards the one that is the least demanding for their brains. As Nobel-winning psychology Daniel Kahneman (who has spent his life studying human decision-making) states, “Laziness is built deep into our nature.”
In fact, research has consistently shown that we assign greater weight to information and ideas that are more easily accessible to us, regardless of whether that information or those ideas are accurate and reliable. It may be because the information or idea is familiar, easier to understand, makes more intuitive sense, or ties to something that is easier for our brain to access. Continue reading →
What is the most appropriate pace of speech? A common belief among trial attorneys is that it is important to slow down in opening statement and closing argument, particularly when the issues in the case are complex and/or confusing. This belief makes sense since most of us have long been taught to slow down when someone is having difficulty understanding what we are saying. In fact, the term “fast-talker” has its own derogatory meaning, suggestive of a slick salesperson who is willing to say whatever is necessary to complete the sale. However, research in psychology and persuasion suggests this common belief may actually be misguided in some respects. Continue reading →
Most attorneys understand the obvious and immediate downside to using big words at trial. A key component of effective persuasion is comprehension. Audiences need to understand what you are saying. This drives action. People act on things that are easy to understand and re-articulate. Consider the results of one study where researchers found that consumers are more likely to buy products that describe features with simple language than they are products that describe features using complex language.
In another study, researchers found that the fluency (ease with which it is pronounced) of a company name impacts whether or not people are willing to buy stock in that company. The authors note “fluently named stocks robustly outperformed stocks with disfluent names.” Continue reading →