Typically, jurors are suspicious of lawyers and their hand-picked experts and will distrust any direct examination that appears too well choreographed. To help jurors like your expert, lawyers should stop soliciting an expert answer of “yes, that’s absolutely correct.”

The real challenge is to stop asking what we want to ask our expert, and start figuring out what jurors want to ask our experts. You might ask "How do I do that?"  The best way for this to happen is for attorneys to make a mistake and allow for the jury to listen as the expert explains everything to you.

Biases, Prejudices, and Misconceptions

Every jury has a bias, prejudice, or misconception about some aspect of a trial ( i.e. about a product, injury, test, etc). Most misconceptions are based on one of more true premises, facts, or metaphors. To help correct these, attorneys should:

• Let the jury hear the expert agree with the truth of those premises, facts, or metaphors.
• Ask why, if that premises/fact/metaphor is true, the common misconception isn’t also true.
• Let your expert correct you and explain it to you.

Picture a juror who holds the same misconception thinking “hey, I was thinking the same thing” or “oh I see why that isn’t true” as your expert explains why they agree or disagree. Shine the light on your expert and give your expert the chance to teach the jury and win the trial.