Credibility Is Vital for Maximizing Damages

• Author: Jim Wren
• Pages: 69-90

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2. Credibility

Chapter 2

Credibility Is Vital for

Maximizing Damages

I. Why It All Starts With Credibility

§2:01 Suspicion Bias Makes Credibility Vital

§2:02 Jurors Use Assessments of Credibility as Mental Shortcuts

II. How Jurors Form Their Perceptions of Credibility

A. Your Personal Authenticity and Belief in the Case

§2:10 Credibility Cannot Be Faked

§2:11 Find the Moral High Ground of Your Case

B. Your Demonstrated Belief in the Case

§2:21 Show Controlled Passion

§2:22 Put Your Personal Credibility at Stake

§2:23 Do Not Use a Weak Explanation of the Burden of Proof

§2:24 Speak With Authority

§2:25 Do Not Rely on Notes

§2:26 Avoid “Attacking” Language Early in Trial

C. Your Candor With the Jury

§2:30 General Points

§2:31 Self-Disclosure

§2:32 Reacting to Difficult Situations

§2:33 Discussing Bad Facts

§2:34 Acknowledge Real Problems

§2:35 Limit Objections

D. Your Natural Rapport With the Jury

§2:40 General Points

§2:41 Put Jurors at Ease

§2:42 Project a Friendly and Open Manner

§2:43 Talk Like a Real Person

§2:44 Make the Right Kind of Eye Contact

§2:45 Engage Jurors as Interested Listeners

§2:46 Be Cautious in Using Humor

§2:47 Dress Appropriately

Proving Damages to the Jury

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2. Credibility

E. Other Factors

§2:50 Your Mastery of the Courtroom and the Facts

§2:51 Consistency of Message

§2:52 Plausibility of the Story and Witnesses

§2:53 [Reserved]

§2:54 Demeanor of Plaintiff and Witnesses

§2:55 Verifiable Proof

§2:56 Avoidance of Alternative Arguments

§2:57 Accuracy of Pleadings

§2:58 Content of Online Information