1. A relevant, coherent, understandable story.

2. To keep their interest at all times.

3. To be spoken to in clear, unambiguous terms.

4. Respect and sincerity.

Sophisticated counsel will establish a theme or "story" for the entire trial that will appeal "to the jurors' standard of justice and fairness, be consistent with the evidence, and [be] easy to remember." For example, the story could be "man gets in accident, fakes injury to get money," "big company makes dangerous product that doesn't perform as promised," or "company X breaks promise to company Y and company Y is devastated financially." The expert's testimony is a crucial part of the story. Many times, expert testimony is the glue that holds the story together. In any event, the expert needs to understand the story of the case and how her testimony fits into the story.

Boredom is likely to be an expert's number one obstacle to communicating effectively with a jury. Many jurors do not want to be on the jury and they may have little or no interest in the case. Even more importantly, they may have an overwhelming desire that everyone concerned (the lawyers, the witnesses, and the judge) move the process along as quickly as possible so that they can all go home. To keep the juror's interest, an expert witness should:

� use powerful descriptive language that paints a picture,

� use phrases that the jury will remember, and

� use language that they will understand.

For example, the forensic expert might want to say (to describe a fractured neck ), "It was like a finger getting caught in a door as it slammed shut. His spinal cord was cut and he'll be paralyzed the rest of his life." This is far more effective than saying, "I diagnosed a C3-C4 fracture with massive cord damage secondary to blunt trauma resultant from the MVA in question. Prognosis is for severe and permanent functional impairment." Technical language can be extremely boring. The expert should not fall into the temptation of using it to prove to the jury how smart she is. It is far more effective to use descriptive terms that they understand, can visualize, and will remember.

The expert witness should keep in mind that once she has "lost" the jury through boredom, it may be difficult or impossible to regain their attention. As such, it is good practice to communicate the major points of an opinion to the jury as soon as possible during direct examination. For example, let's assume an average juror has a 20-minute attention span. Under this assumption, it is not good practice to spend 40 minutes talking about one's impressive experience, education, and publications before talking about the case at hand. By the time the expert gets to the case at hand, the jury may very well not be listening any longer.

It is best to avoid using technical terminology or jargon that is not likely to be understood by jurors. Such jargon is a major impediment to connecting with the jury. For example, the expert shouldn't say, "A comparison of the antemortem and postmortem records through the use of forensic odontology revealed endodential at tooth #1," when she can say, "I compared his dental records from before and after he died and found a root canal had been done on the upper right third molar�which is this tooth (demonstrating)." As part of the preparation process, the expert should lay out how she is going to explain her testimony in clear and unambiguous terms. Some experts practice their testimony with a lay person such as a teenage child or administrative assistant and then ask for feedback. This is a good technique to determine whether the expert will be able to communicate with the jury effectively. A little forethought or advanced work in this area will pay major dividends on the witness stand.

Most jurors do not have the education and technical knowledge of sophisticated experts. Collectively, however, they have hundreds of years of experience in spotting phonies. The expert witness, therefore, needs to avoid any comments or actions that can be interpreted as insincere or as showing a lack of respect for the jury.

An expert cannot connect with the jury if they can't read her writing or if they don't understand her abbreviations.

Jurors are not persuaded by what they cannot understand.

Visual aids are useless if they can't be seen. A wise expert witness verbalizes his concern to the judge that the jurors be able to see. When the jury hears that he is concerned, this will score points with them. The expert will also find out whether they can see.

The expert should see how he looks and determine where he needs to improve.

Wise experts get to the point. They assume that a juror's attention span is no more than 20 minutes. This time should not be squandered.

The expert witness should not run the risk of obscuring the important testimony or losing the jury's attention.

Effective experts make their presentations visual.

Today's "TV generation" is visually driven. When an expert witness lets the jurors see what he is talking about, they understand better and remember more.

Additional techniques for communicating with a jury that merit special attention are use of analogies and similes and employing verbal and nonverbal techniques.

Analogies and similes are powerful ways to connect with a jury. The use of analogies and similes that relate to the jurors' personal experiences will, when done well, be remembered, discussed, and used during deliberations. The case of a young man who lost both arms in a farming accident comes to mind. The expert went to dinner with the plaintiff and his wife. When asked at trial to describe how the young man ate his dinner when the plate was put in front of him the expert stated, "He ate like a dog." This story was told to the author almost thirty years ago. He has not yet been able to forget it. Another memorable case involved a cardiologist who testified that an event made the heart attack inevitable and explained that it was "like lighting the fuse to a bomb. It was just a matter of time before it went off". An expert who can use analogies effectively is a formidable witness. This is true not because of her level of expertise, but rather due to her ability to communicate. Experts who make their testimony come alive are effective communicators.

Attorney Jay Dankner suggests that experts employ the following verbal techniques when testifying:

Vary your pace. Keep the jury interested and awake. Use good vocal energy. Inspire confidence. Find your natural pace. Consider when to slow down or speed up. Don't rush because you're nervous. Use proper phrasing to make certain the jury understands your point. Vary your pitch. Create an impression of confidence and authority. Use proper articulation to convey competence. Use crisp language with ideas that are easy to follow. Regulate your volume for maximum impact.

The expert witness also needs to remember to speak up and use his microphone correctly. The jurors can't believe a witness if they can't hear him.

An expert witness should dress appropriately. In most cases, this means formal business attire. The witness should be well groomed and not wear any ostentatious jewelry. A Rolex watch and a $2,000 suit will not help gain the sympathy of the jury. An expert witness should not chew gum. Everything a witness does can be seen by the jury and will affect how jurors evaluate the individual's testimony.

When walking in and out of the courtroom, the expert witness should not look at or acknowledge the party who has retained her. She should not stop to shake hands, etc. Doing so can make the expert look partisan and will lose her credibility with the jury. Furthermore, the expert witness should not invade the space of the jury by leaning on the railing to the jury box. Instead, she should maintain eye contact with the jurors and key in on any easily identifiable jury leaders.

The expert witness should try to appear calm and self-assured. It is important to use good posture while sitting in the witness box and to be serious and professional. Wise experts have all their documents and notes organized so that they do not have to fumble through them.

The jury scrutinizes body language closely. Therefore, effective expert witnesses will not appear uncomfortable or insecure. Signs of insecurity include frequently moving a hand to one's mouth or face, fidgeting, toying with one's clothes or hair, and finger or foot tapping. These signs present a negative image to the jury.

There are a number of things that can impede one's ability to connect with the jury. The expert witness should not:

• Act in a condescending manner
• Be sharp
• Act pompous
• Be verbose
• Appear egotistical
• Change her demeanor
• Be pedantic on cross-examination
• Argue with counsel
• Confuse the jury
• Praise herself
• Patronize
• Be arrogant
• Engage in nervous habits
• Be boring
• Fumble for papers or documents
• Be cute
• Look or act nervous, anxious, or worried
• Be overconfident
• Overwhelm the jury
• Turn her back on the jury

� 2000, SEAK, Inc.