Stanley D. Curbo Senior Litigation Consultant
Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations Four Levels of Juror Decision-Making
• Facts/Concepts/Science/Story
• Attorney/Witness Exchange
• Conduct & Character
• Life Experiences/Attitudes/Beliefs WHICH WELLS GET THE MOST BUCKET TIME?
• Life Experiences/Attitudes/Beliefs
• Conduct & Character
• Attorney/Witness Exchange
• Facts/Concepts/Science/Story Communication and Persuasion Communication:
the giving (and exchanging) of information; telling the story; the delivery of information/ideas.
Persuasion:
influencing to believe; winning over. Communicating to Persuade:
telling the story in a way that wins over the mind of the receiver/juror. Persuasive Communication
Generation Individual Factors Generation Cognition Cognition Emotions Emotions Beliefs Beliefs
Attitudes Attitudes
Experiences Experiences
Expectations Channel of Expectations Communication SENDER ENCODE MESSAGE DECODE RECEIVER
Change in attitude, belief, FEEDBACK behavior Branding, Slogans, Tag Lines Generation “Me” The Next Generation is…
a group of “adultescents”
a bunch of Twitter-addicted slugs with obese egos and no work ethic
entitled but incompetent individuals What About Personal Responsibility?
You should: Bail me out Pay my mortgage Pay me for my clunker Pay my health care Tax someone else An Angry Society
The Tea Party
Ivory Tower Elites The Hollywood Crowd A Negative Corporate Perception A Stacked Deck?
Jurors identify with the plaintiff
People naturally feel sympathy and want to help
People want to find a cause for a tragedy Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations United States Jury Pool - 1995
Seniors Baby Boomers Generations X & Y 1927-1945 1946 -1964 1965 -1995
1920 1930 1940 1950 1960 1970 1980 1990 2000 United States Jury Pool - 2012 Generations X & Y 1965-1995
Baby Boomers 1946-1964 Seniors 1927-1945
1920 1930 1940 1950 1960 1970 1980 1990 2000 Generations in the United States
Baby Boomers Generation Y Born 1946-1964 Born 1982-1995 80 million 76 million Generation X Born 1965-1981 47 million
1965 1966 1981 1982 1996 1940 1950 1960 1970 1980 1990 2000
= approaching 60% of the population Gen. X & Y Jurors in the Eastern District
Beaumont Division Gen. X & Y Jurors in the Eastern District
Lufkin Division Gen. X & Y Jurors in the Eastern District
Marshall Division Gen. X & Y Jurors in the Eastern District
Sherman Division
Gen. X & Y Jurors in the Eastern District
Texarkana Division
Gen. X & Y Jurors in the Eastern District
Tyler Division
Gen. X & Y Jurors in the Eastern District
Beaumont Division Lufkin Division
Marshall Division
Sherman Division
Texarkana Division Tyler Division To what generation do you belong? Blockbuster Movies by Generation
Generation Y
Baby Boomers
Generation X Childhood Toys by Generation
Baby Boomers
Generation X
Generation Y Star Athletes by Generation
Generation Y
Generation X
Baby Boomers
Each generation goes further than the generation preceding it because it stands on the shoulders of that generation. ~ Ronald Reagan The Impact of Generation
Generational Profile Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations Generation X’s Early Experiences
Vietnam HIV/AIDS Rise of the War Ends Internet
Cold War Personal Y2K Ends Computer
Economic Desert Crises Storm
1970s 1980s 1990s 2000s Generation X (Ages 31-47) Alienated/Loners Independent Resilient
Overeducated Entrepreneurial
Underachieving Work/Home balance
Apathetic Ambivalent
Cynical Realistic/skeptical Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations
Generation Y’s Early Experiences
Y2K Rise of the 9/11 Internet
School Middle Violence East Wars Corporate Scandals Generation Y (Ages 18-30) Naïve Optimistic
Hyper-educated Fast multi-taskers Resourceful
Whiny Peter Pans Nurtured Un(der)employed
Demanding Self-confident
Poor communicators Socially connected Distractible
Generational Profiles Baby Boomers Generation X Generation Y (ages 47-65) (ages 30-46) (ages 18-29) Cleaver family Have “helicopter” “Latchkey” kids ideal parents Educated Highly educated Hyper educated
Company loyalty Team loyalty Network loyalty Political Political activism Political liberalism skepticism Respect authority Prove authority I am authority Departed from Pragmatic about Passionate but religion religion unaffiliated Tech-challenged Tech savvy Digital natives Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations When You Communicate Generation Generation Cognition Cognition Emotions Emotions Beliefs Beliefs Attitudes Attitudes Experiences Experiences Expectations Expectations
Channel of Clients Communication Colleagues YOU MESSAGE Counsel Experts Vendors Office Staff Judge/Jury WITNESSES When Your Witness Communicates Generation Generation Cognition Cognition Emotions Emotions Beliefs Beliefs Attitudes Attitudes Experiences Experiences Expectations Expectations
Channel of YOU Communicatio WITNESS MESSAGEn Counsel Judge Jury A Generational Blender
Communication Breakdown
Channel of Communication
SENDER MESSAGE RECEIVER
Confusion Ignorance Apathy Defensiveness Fear Arrogance Anger Communication Challenges
Timing
Technology
Geography
Lack of trust
Perceived risk
Power struggles
Conflicting goals
Generational Differences
“A Failure To Communicate” The Costs of Miscommunication Bad depositions
Failed mediation
Unfavorable rulings
Strained relationships
Increased settlement demand
The Costs of Miscommunication
Higher litigation management costs
Reduced jury-level “burden of proof”
Unfavorable verdicts
Higher damages
Beyond Demographics
Anti-Corporate Making money is more important to most corporations than safety.
Pro-Litigation Lawsuits are necessary to keep corporations honest and ethical.
Pro-Damages Money damages awarded in lawsuits are often too low.
Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations Closing the Generational Gap
Effective depositions
Enhanced client communications Persuasive mediations
Connecting with the jury
Valuable witness preparation
Conventional Wisdom Baby Boomers Leaders Respect witnesses
Generation X Disengaged Suspicious of witnesses
Generation Y Entitled Big money damages
Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations The “True Value” of a Witness
Character
Conduct
Communication Empirical Evidence Insurance Bad Faith Case Project 1 Project 2 Opening Statements Opening Statements
LIVE Witnesses Witness Testimony Read Aloud
Closing Arguments Closing Arguments
Average Jury Award: Average Jury $190 Million Award: $2 Million We Aren’t What We Say
Paralinguistics
Visual Message
Verbal Content
In other words…Is the witness a “good communicator?” “Good” Witnesses… Listen
Remember
Keep their cool
Seem trustworthy
Appear confident
Respond concisely
Are understandable
Contradict plaintiff’s characterization
ANSWER ON TARGET Jurors Say Witnesses Are…
Sly Shifty Whiny Vague Arrogant Immature Hired gun Self-serving “Hiding something” Having an “axe to grind” Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations Generation X’ers on Witnesses Earn respect
Need bottom line
Expect eye contact
Assume subjectivity
Mistrust credentials
Like succinct responses
Prefer informal language
Trust inductive reasoning
Generation Y’ers on Witnesses Dismiss credentials
Expect technology
Need to be taught
Search for relevance
Enjoy demonstrations
Look for entertainment
Like succinct responses
Sensitive to condescension Case Example: Corporate Executive
Counsel said: “He’s a nice and professional guy who has testified previously as a company rep… so, he’ll be fine.”
Mock jurors said: “Greedy” “Uncaring” “Rude” “Devious”
Case Example: Corporate Representative
Counsel said: “She will make a better corporate rep than Ken. She is very articulate and will stand her ground.”
Mock jurors said: “Combative” “Played lawyer” “Never looked at us” “Full of herself”
Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations Communicating with Generation X
Focus on solutions
Use humor carefully
Demonstrate respect
Adopt informal communication style
Prepare for skepticism
Don’t overwhelm with information
Emphasize “what’s in it” for them Communicating with Generation Y
Play into idealism
Don’t condescend
Use frequent humor
Appeal to entitlement
Incorporate technology
IM/text/social networks
Provide hands-on learning
Talk about the “big picture”
Focus on fairness/teamwork
Communicating With Generations X and Y Listen
Be entertaining
Solicit feedback
Get to the point
Use short, “sound bites”
Utilize photos and videos
Incorporate visually rich messaging
Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations Compelling Visual Messages
Appeal to the senses Illuminate substantive evidence Fight boredom Reinforce themes Make it simple Give your audience something to remember Generations on Visual Messages
Baby Boomers Bottom-up approach Trusting
Generation X Top-down approach Skeptical
Generation Y Simple; interactive Bored
Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations Baby Boomers Generation X Generation Y
Personal Hard work Entitlement responsibility Prestige Entrepreneurship Resourcefulness Challenge authority Distrust of authority No authority Corporate Corporate loyalty Corporate scandal transparency Waning confidence Suspicions of High expectations of in government government government Self-made Self-sufficiency Self-confidence Teamwork Independence Teamwork Perseverance Accountability Fairness Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations WISH HIGHEST LOWEST
$12,000,000 $14,000,000 $7,000,000
$16,000,000 $30,000,000 $11,000,000
$14,000,000 $17,000,000 $7,000,000 Boomers, X’ers, and Y’ers In The Jury Box: Persuasive Communication Across Generations Diverse Group of Decision Makers Follow-Up: Corporate Executive Jury Research Greedy, Uncaring, Rude, Devious
Witness Effectiveness Training
Trial Testimony
Post-Trial Juror Interviews Truthful, Professional, Convincing Follow-Up: Corporate Rep Candidate Jury Research Combative, Played Lawyer, No Eye Contact, Full of Herself
Witness Effectiveness Training
Trial Testimony
Post-Trial Juror Interviews Believable, Sincere, Understandable Take Aways To overcome communication challenges in today’s litigation environment: We must enhance our understanding of each generation’s unique communication style; and Ensure that our most influential communicators (witnesses) are equipped to convey memorable and powerful messages. QUESTIONS?
THANK YOU!