Deposition Preparation: How Does Your Deposition Strategy Address Juror Attitudes And Beliefs

Prominent Juror Attitudes And Beliefs

Trial Consultant Phillip Miller With Focus Group

As an experienced trial lawyer and trial consultant I have long maintained that understanding juror attitudes and beliefs is the keystone to successful deposition preparation and maintain that it is essential for the trial lawyer to think strategically and be very focused on preparing for prospective juror attitudes and beliefs.

What are the predominant beliefs and attitudes that drive jury deliberations, and what facts will jurors adopt in order to reach their decision? There is ample research data showing us that there are five major beliefs, attitudes and biases that jurors hold. I prefer to call them beliefs or attitudes because they are simply what people think.

They are not biases to the decision-makers, the judges and jurors, they are simply what these people believe to be the truth in their world. We need to know these “truths” so we can either “Knock them out”, neutralized them, or, even better, use them to our advantage in depositions and at trial.

In no particular order, the biases/truths you should expect to see in your cases are:

* Accountability/personal responsibility

* Anti-plaintiff

* Suspicion

* Victimization

* Stuff happens

These beliefs emerge in focus groups and jury discussions about every case. Depositions need to be structured to neutralize these beliefs among jurors, and, whenever possible, we need to find ways to use these beliefs to our advantage.

I could go on and completely address this issue here, and, I have in my book, “Advanced Depositions, Strategy and Practice.” Check it out and see if it won’t help you prepare for your next deposition. You can also check me out and see what other lawyers have to say about the books and my Trial Consultant program, the Miller Method.

If you would like to discuss my method or if you just want inquire about the ins and outs of working with a trial consultant, focus-groups or other aspects of successful trial work, give me a call at the Miller Law Office in Nashville Tennessee at 615-356-2000.







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