By Thomas M. O’Toole, Ph.D.
One of the most important sayings in our industry is that a verdict is a product of what jurors choose to talk about and focus on most during deliberations. Focus in deliberations is zero sum. If jurors are talking about one thing, they are not talking about something else. Every case has several different focal points, and those focal points tell different stories about the case. Think about the example of the film Rudy about Rudy Ruttiger, the kid who desperately wanted to play football at Notre Dame. We could focus on the game itself, which tells a different story because of the fact that the game he played in was largely a meaningless game and the game was already over in terms of score by the time he entered the game. If we focus on the game, few powerful values emerge and it’s a story that no one would want to watch a movie about.
But if we focus on Rudy and his story of struggle, we get a very different kind of story. We get an underdog we can root for and a story of triumph that is hard to forget. In both of these situations, the facts are the same, but what we focus on to make sense of those facts changes.
This is why it is so important to think about your focal point before you do anything else in your case. What is it you want jurors talking about most in deliberations? What focal point creates the most momentum for you in deliberations? Once you answer these questions, you can develop your themes and story. Continue reading