Justia Connect Webinars Love at First Argument: Using Psychology to Sway Jurors

Love at First Argument: Using Psychology to Sway Jurors

Winning over a jury is as much about understanding their psychology as presenting your case. In this session, Jake will delve into the surprising ways juries make decisions and how skilled litigators can use psychological principles to connect with jurors on a deeper level. Explore key biases — like narrative preferences, consistency principles, anchoring, and cognitive dissonance — and discover how to strategically influence decisions to strengthen your case and outcomes. Attendees will leave with actionable insights to make a lasting impact in the courtroom.

Topics covered include:

Trial Skills Law Practice

Agenda:

Introduction to the Mind of an Irrational Juror
- The irrational mind in action
- Overview of the brain’s two decision systems
- The Law of Least Effort
Juror Psychology — What They Bring Into the Courtroom
- Egocentricity Bias
- Dunning Kruger Effect
- False Consensus Effect
The Psychology of Voir Dire — How You Can Get Momentum From the Start
- Individualism in the USA
- The Commitment Principle and the power of yes
Structuring the Case — Words Matter
- The power of language and how to test for it
- The Misinformation Effect
- The use of priming
- The power of stories
- Context clues
Jury Instructions and the Jury Room
- Social pressure and conformity
Questions & Answers (as time permits)

Duration of this webinar: 60 minutes

Originally broadcast: February 12, 2025 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Speaker Background

Jake McKenzie, the speaker, uses psychology to influence jurors in legal cases. Jake begins by discussing the role of psychology in decision-making, emphasizing its impact on jurors. He provides a historical example involving Boris Yeltsin to illustrate how emotional decisions can lead to significant changes. Jake argues that decision-making is not purely rational, as traditionally taught, but heavily influenced by emotions.

05:01 Psychology in Decision-Making

Jake continues the story of Yeltsin, explaining how a visit to a U.S. grocery store changed his views on communism. He highlights that decisions are often made emotionally rather than rationally, contrary to legal education's focus on logic. Jake introduces Intermark Legal's approach to understanding jurors and organizing cases to influence outcomes. He emphasizes the importance of simplifying cases to make them relatable to jurors. Jake discusses the irrational nature of jurors and how to predictably influence their decisions.

14:02 Understanding Juror Behavior

Jake explains the two systems of decision-making: System One (automatic) and System Two (effortful). He notes that people prefer System One due to its low energy consumption, leading to quick, emotional decisions. Jake illustrates how System One dominates daily decision-making, affecting how jurors process information. He emphasizes the need to appeal to System One by simplifying complex information for jurors. Jake uses examples to show how System One operates, such as automatic responses to simple questions.

20:01 Effective Trial Strategies

Jake discusses the Law of Least Effort, explaining that people seek simple solutions to complex problems. Jake warns against the Dunning-Kruger effect, where jurors overestimate their understanding of complex topics. He provides examples of how jurors' biases can affect their perception of evidence and expert testimony. Jake stresses the need to present information in a way that aligns with jurors' existing beliefs and biases.

34:09 Language and Narrative Techniques

Jake advises on effective trial strategies, emphasizing the importance of understanding juror psychology. He suggests conducting jury research to understand their preconceptions and tailor the case presentation accordingly. Jake highlights the commitment principle, where jurors' initial decisions influence their subsequent beliefs. Jake stresses the importance of preparation and strategic questioning during jury selection to shape jurors' beliefs.

38:59 Visual and Contextual Influences

Jake emphasizes the power of language and repetition in shaping jurors' perceptions and decisions. He explains the misinformation effect, where language can alter jurors' perception of facts. Jake introduces priming, which influences how jurors process information about entities like corporations. He highlights the importance of narrative structure in helping jurors remember and process information. Jake advises using stories to create emotional connections and guide jurors' understanding of the case.

50:46 Group Dynamics and Closing Strategies

Jake discusses the impact of visual and contextual elements on jurors' decision-making. He explains how fonts, layout, and visual aids can influence jurors' perception and retention of information. Jake advises simplifying complex information and using visual cues to reinforce key points. He stresses the importance of understanding jurors' biases and tailoring the presentation to overcome them. Jake highlights the role of social pressure and conformity in group decision-making during jury deliberations.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: January 31, 2026

This presentation is approved for one hour of General CLE credit in California, South Carolina (all levels), and North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

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Speaker

Jake McKenzie CEO
Intermark Legal

Jake McKenzie, CEO of Intermark Group and Intermark Legal, uses his expertise in psychology to craft persuasive strategies that influence jurors’ thoughts, emotions, and actions — giving cases an extraordinary edge. With a background in psychology and political science from Vanderbilt University and an MPPM from Birmingham-Southern College, Jake has shaped national and international litigation strategies, contributing to successful settlements, including large-scale outcomes. Read More ›

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