Demonstrative Evidence
Bridges Communication Styles
by Dale C. Howe
Attorneys and juries have different communication styles. A study comparing the learning and communication styles of practicing attorneys and of the general public indicates that attorneys prefer to talk about the evidence, while jurors prefer to see the evidence. (Kenneth Lopez, “The Animators at Law Attorney Communication Style Study,” 2007.)
The study compares visual, auditory, and kinesthetic learning styles, which have been popular among educators for decades.
- Visual learners remember information more accurately when they see it.
- Auditory learners remember information more accurately when they hear it.
- Kinesthetic learners remember information more accurately when they touch it.
In practical terms, seven out of twelve jurors (61%) will prefer visual learning, three will prefer kinesthetic learning (20.5%), and two will prefer auditory learning (18.5%), Attorneys who rely on auditory communication alone will be under-communicating with ten of the twelve members of the jury (81.5%). Id.
Some behaviors may give the attorney clues about the learning styles of individual jurors. Visual people generally have an upright posture and sit forward in their chair. Auditory people move their eyes from side to side as they listen. Kinesthetic people often move extremely slowly and their stomach moves in and out when they breathe. (“Neurolinguistic Programming,” Student BMJ, 2006)
The gap between the communication styles of attorneys and jury members can be filled by demonstrative evidence. Visual formats such as photos, charts, diagrams, videos, and animations, will appeal to the majority of jurors. Kinesthetic tools such as visits to locations, role playing, handling product samples, and examining scale models could be included. (Opportunities for kinesthetic learning will likely be limited for jurors because the courts have traditionally valued auditory communication and have only recently encouraged visual communication by updating audio visual equipment in the courtroom. There are few opportunities for kinesthetic jurors to write notes, recite testimony, or handle exhibits.)
Audio communication can also help bridge the gap with phrases such as, “The key points that I want us to touch upon are…”, “We can see the consequences of…”, “Imagine the surprise of…”
Fortunately, most people possess a combination of learning styles and are able to shift toward the audio, if necessary. However, in a world filled with competing messages, it is always an advantage for the attorney who is able to shift toward the learning style of the jury member.
Dale C. Howe,
Demonstrative Evidence Specialist
Dale C. Howe is a Demonstrative Evidence Specialist at the law firm of Campbell & Chadwick, P.C. He develops and presents courtroom, educational, and web-based multimedia for the firm's practice areas of professional liability defense, complex litigation, and labor & employment law. Mr. Howe is a member of the Demonstrative Evidence Specialists Association (Member 2008-present, Director of Membership 2006-2008 ) and publishes Visual Persuasion, an informational newsletter about Demonstrative Evidence.
Previously, Mr. Howe provided leadership training to nonprofit organizations in the U.S., Mexico, Canada, and Haiti. He specialized in assisting plateaued and declining organizations in renewing their vision, mission, and strategy.
He is a graduate of Dallas Theological Seminary (ThM, 1989; Who's Who Among Students in American Universities and Colleges) and Winona State University (B.S. Education, magna cum laude, 1982).
Published Articles: Use Courtroom Graphics When Resolving Construction Disputes (Dallas/Ft. Worth Construction News: May 2009); Reducing the Risk of a Lawsuit (Dallas/Ft. Worth Construction News: April 2009); Demonstrative Evidence Bridges Communication Style (The Art of Litigation: November 26, 2008); (The Invisible Culture of the Jury: The Art of Litigation: September 25, 2008.
Sample of Recent Public Speaking Topics: Creating an Inspiring Vision for Your Life (Keynote speaker and workshop leader at the University of North Texas Student Leadership Retreat: September 18, 2010); What I Learned From Mentoring (Professional Leadership Program of the University of North Texas: April 7, 2010); Start Strong; Finish Stronger (Keynote address, Tau Sigma Induction Ceremony & Dinner, University of North Texas: March 29, 2010); Discovering a New Ethic (Series of presentations about Developmental Ethics given to lawyers, business leaders, and religious leaders in Oaxaca, Mexico: February 6-8, 2010); Creating and Presenting Demonstrative Evidence (Dallas Area Paralegal Association: November 18, 2009); Understanding the Attorney Advertising Rules as they Apply to Websites (Collaborative Law Section of the Dallas Bar Association: October 8, 2009, MCLE credit); Developmental Mentoring, (Professional Leadership Program of the UNT: September 26, 2009 and September 27, 2008); The Benefits of Mentoring (Professional Leadership Program of the University of North Texas: April 8, 2009); Celebrating the Differences in Our Cultures (The Multicultural Leadership Center at the University of North Texas: February 17, 2009); Leadership Seminar (Ecos de la Sierra, Oaxaca, Mexico: February 7-15, 2009); From Professional To Leader (Career Design Associates, Inc.: September 6, 2008); The Influence of Emerging Cultural Values upon the Practice of Law (Collaborative Law Section, Dallas Bar Association: April 26, 2008, MCLE); The Temperamental Client: Negotiating with Different Personalities (Collaborative Law Section of the Dallas Bar Association: Dallas, Texas, March 13, 2008, MCLE credit); Cultural Influences on the Practice of Law (Dallas Area Paralegal Association: January 15, 2008); Collaborative Law: A Cultural Shift in Dispute Resolution (Collaborative Law Section, Dallas, Texas: November 8, 2007, MCLE credit); Visual Persuasion: Demonstrative Evidence that Informs and Transforms (LSI Learning Center, Dallas, TX: July 17, 2007); How the Assumptions of a Culture Influence Business Strategy (Instituto Tecnológico de Oaxaca; Oaxaca, Mexico); Leadership in Emerging Nations (St. Catharines, ON, Canada); Character: The Prerequisite of Leadership (Drop of Love Schools, Limbé, Haiti).
Community Involvement: Professional Leadership Program, University of North Texas (Mentor, Speaker); Professional Leadership Alumni Network, University of North Texas (Charter Committee, Mentor).
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