Getting Personal with the Jury

by Michael Boucher

After a jury has been sat, is there any benefit of researching these individuals online further?  Yes, there is.  As I mentioned in my previous blog, social networking sites, blogs, twitter and the plethora of information that individuals post is today’s modern diary.  Researching jurors online gives insight into how best to present your case.  Trial attorneys have to opportunity to draw on this personal information to better analogize, give examples and ultimately, effectively communicate to the jurors.  There was a recent news article about a family who went on vacation.  The husband was twittering about his vacation and giving daily updates as to their location, activities and impressions.  The end result in this instance was there home was robbed.   While this has nothing to do with trial, it does tell us that people are posting personal information and people are watching it. 

Let’s look at this example from a different perspective.  Let’s assume this man is a juror and not a robbery victim.  You research and you learn of his recent trip.  Perhaps you incorporate that into you opening or closing.  You tell the jurors that this case is like a road trip and you correlate your legal issue to the trip.  You now have a friend on the jury.

Another example is one of my colleagues in the office is in the process of buying his first home.  So I decided to check out his MySpace page.  Sure enough, he has documented his journey to home ownership.  Talking about the volume of paper work, the excitement of completing the paperwork, the frustration because something was missed, the joy of doing his final walk through and the anticipation of the closing.  Again, another example of a significant personal experience that is online and ten or fifteen years ago was not easily obtained.  I know in the past, some attorneys have hired private investigators to glean such information about jurors.

While the real down fall in all of this is that you are not going to be able to research and find a common thread for all jurors.  On the other hand, it is generally one or two jurors who really lead the charge in coming to the verdict.  Often times we see this in the mock trials and focus groups we conduct.  At trial, we are more often than not, able to figure out who will be the foreman, or forewomen of the jury. 

Insight into an individual’s personal life is extremely valuable.  When I was in my early twenty’s I had the opportunity to sell for Xerox and attended their sales training, which at the time was world class.  One of the fundamental concepts they taught was to relate to your prospective clients.  Ask questions about them and their lives and incorporate that into your meeting.  The purpose was to have that prospect identify with you and to formulate a more personal relationship.  To this day I continue with that.  I will research attorneys that I will be meeting with.  I find out where they went to school, their families and any other information I can get online.  I then use that to connect with him or her.  It may be something as simple as my sister went to the same college they did or perhaps they were born close to my home town.  This helps break the ice and make them feel comfortable with me.

This same fundamental principle applies in the courtroom.  A good trial lawyer sells his case to the jury, even if they don’t like to admit it.  I always encourage our clients to tailor their presentations to be appropriate for their jury and the location. 

I will give one final example of how impactful using personal information can be.  I have a colleague who is a huge Auburn football fan; actually huge fan is an understatement.  I have never seen someone warm up to a complete stranger as he does when he discovers someone went to Auburn or is a fan.  His demeanor changes, he opens up and listens and he identifies with that complete stranger.  His whole attitude changes and he will agree with his new friend on the same issues he disagreed with me on two days earlier. 

The internet is a gold mine of information if it is vetted and used properly.  The continuous monitoring of online information should be as common as getting a daily transcript when in trial.  This information should be part of sitting a jury, communicating with a jury and monitoring a jury, which will be in my next post.