Tag Archives: language

5 Simple & Essential Exercises for Defense Theme & Story Development


By Thomas M. O’Toole, Ph.D.

“Themes” and “story” have been the buzzwords of the jury consulting industry for nearly forty years. Judging from the vast majority of calls that I receive, these two items are what most defense attorneys believe are the missing pieces in their efforts to convince the jury to find for the defense. It can be challenging to develop a theme or a story. It sounds so simple, yet it can be unclear about how you go about developing them. Fortunately, there are experts like me who can assist defense attorneys with this process. However, for a variety of reasons, defense attorneys do not always have the ability to retain a jury consultant. With that in mind, this blog identifies five simple, but essential exercises for defense attorneys who are trying to develop powerful themes and stories for their case.

Seem a little silly? While no attorney has ever said something like this to me, from time to time, I have sensed that a client initially thought such exercises might be silly. Any hint of this quickly fades as we get into the exercise in our strategy sessions. Defense attorneys are often surprised by how helpful these simple and “silly” exercises help them in the strategy development process. Continue reading

Big Words Don’t Make You Sound So Smart

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By Thomas M. O’Toole, Ph.D.

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