Keeping the juror s interest at all times Boredom is likely to be an expert s number one obstacle to communicating effectively with a jury. Many jurors do not want to be on the jury and they may have little or no interest in the case. His spinal cord was cut and he ll be paralyzed the rest of his life. This is far more effective than saying, I diagnosed a C3-C4 fracture with massive cord damage secondary to blunt trauma resultant from the MVA in question. Prognosis is for severe and permanent functional impairment.
Technical language can be extremely boring.
The expert should not fall into the temptation of using it to prove to the jury how smart she is. It is far more effective to use descriptive terms that they understand, can visualize, and will remember. The expert witness should keep in mind that once she has lost the jury through boredom, it may be difficult or impossible to regain their attention. As such, it is good practice to communicate the major points of an opinion to the jury as soon as possible during direct examination. For example, let s assume an average juror has a 20-minute attention span.