Tag Archives: confusion

Faster is Better: Finding the Right Speaking Pace

By Thomas M. O’Toole, Ph.D.

 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

Why Jurors Often Fail to Understand What’s Important…Even When It’s Obvious


By Thomas M. O’Toole, Ph.D.

Before you read any further, watch the above 1 minute and 41 second video, which will provide incredible insights into your trial presentation strategy as discussed below.

Did you pass or fail? As they tell you in the video, almost half of all of the people who watch this video (and have not seen it before) fail the test by not seeing the gorilla. Even more interesting, we learn that even those who have seen this kind of experiment before (and expect something odd to happen) failed to notice the second change, which was the color of the curtain in the background.

Your first reaction may have been that this is an interesting little party trick kind of experiment that you can forward along to your friends, but upon further glance, this experiment provides critical insights into what happens at trial as jurors listen to your case presentation. Describing this experiment, Nobel Prize winning psychologist Daniel Kahneman noted that “intense focusing on a task can make people effectively blind, even to stimuli that normally attract attention.” Continue reading