Persuasion Science for Trial Lawyers.

• Author: Blumberg, John P.

Persuasion Science for Trial Lawyers

By John P. Blumberg

Reviewed by Kristen Bond Dobson

In this informative and entertaining read, the author combines decades of experience as a trial lawyer with social science research--what he refers to as "persuasion science"--to offer essential guidance for trial lawyers of all experience levels. Despite its title, this astute and cogent book is full of universal insights and practical tips for every lawyer, even the transactional ones who vow never to step foot in a courtroom.

In Persuasion Science, Blumberg is not content to simply recount war stories from a long and storied career. Instead, he investigates the "why" of human judgment and decisionmaking and what impact that can have on our client's case. Why is one juror more inclined than another to rule against my client before hearing any evidence? What, if anything, can I do about it? Even if the jurors may be open to ruling for my client, how can I get and keep their attention long enough for them to understand what I am trying to tell them?

In answering these questions, the author reminds us that, despite their best intentions to be unbiased, jurors and even judges are inevitably influenced by culture, emotions, and worldviews. Because of this, we cannot simply recite the facts and expect a favorable verdict. We have to meet them where they are and carefully frame our arguments to appeal to everyone.

Blumberg also challenges the approach to doing things a certain way merely because that is the way they have always been done. One clever example of this is to consider starting a direct examination of...