“You got to get it down to where the goats can get it.” It’s my favorite piece of litigation advice I’ve received in my career. Juries don’t understand foramina, L5 nerve root compression, nor the mechanics of a laminectomy. Hell, I barely do and I’ve handled more than a hundred cases involving lumbar disc protrusions and herniations. But they understand when you do two things: 1. Show them visually with illustrations/models used as exhibits in video depositions; and 2. Using metaphors (my favorite) Everyone can understand the feeling when their finger gets pinched in a door jamb. They understand how a loose washer can rub on rebar. They understand how a Coke can crushes in a wedge pattern. I’m not saying jurors are dumb. Quite the contrary in my home county. But if you’re talking to them in cold medical jargon, you’re doing it wrong. Break out the visual exhibits and break out the metaphors. Ask the doctor: “we’ve been using a lot of complicated medical terms, but is there a metaphor we could use to help us understand this?” Their answer can be pure gold. You can even turn it into the theme of your trial strategy. You can walk to a door jamb in the courtroom with your finger as the victim, or smash a Coke can in closing if you’re feeling wild. Get it down where the goats can get it. Make it visual. And make it real. (Photo from an orthopedic surgeon deposition this evening)
Jake Mitchell
7mo
I think the best lawyers out there are masters of metaphors. Good luck trying to convince a jury when you have the most jargony and sophisticated language of all time. "Upon meticulous examination of the evidentiary materials presented, it will become manifestly apparent that the grievous cranial trauma sustained by my client has precipitated profound and deleterious neuropathological damage, culminating in persistent and debilitating neurological impairments that egregiously compromise both their cognitive faculties and motor functions." Doesn't seem like a jury would get that
I used the phrase “pooches out” to describe a hernia in a report once….. I sat there trying to come up with a more intellectual description….. instead and added a picture and rolled with it. The goal is understanding, and i felt like i accomplished that goal. 💁♀️
Tila Broadway
7mo
Try the squishing of a jelly donut ( or cream filled is my preference) - use the actual donut for the visual ….. it’ll get the point across
We agree completely. This is especially true in our Home Modification Evals. While we can provide all of the medical, technical and structural reporting, seeing the issues with clear pictures, paints a vivid picture that everyone care understand.
Ari Snævarsson
6mo
Well put! When I had my spinal fusion last year, I was quickly forced to learn terms like foraminal stenosis, proximal versus distal pain, radiculopathy, etc. Visual models are immensely helpful in this regard, especially with something as complex as the spine.
This is when you call someone like me- an LNC! I can break it all down for you and put it into a neat chronology and full report with explanations and resources. Let me know if I can help with anything! I love the use of tools and visuals, so many people are visual learners, especially if they can get hands on!
Thomas Neel
7mo
and this is why we do what we do.
Grear post. Breaking down the medicine into relatable knowledge is key.
Judy Foltz
7mo
I love that! How can a jury make an informed decision if they don't understand what they've heard?
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7moSo true! My very first jury (I was a young prosecutor) was a stalking case. In my closing argument, I used a lego for every "stalking" thing he did so that by the end of my closing I had a tower of legos. It was a visual everyone talked about and the judge talked about for years! Describing something to a jury is one thing, but if you can illustrate it or show it to them - you really get their attention. Throughout my time as a prosecutor and criminal defense attorney, I constantly used some sort of visual to drive home a point. Great job being sure you relate to the jury and explain things in a way they understand!