PJ Gilbert's Under Submission column in the DJ today is a book review of John Blumberg's "Persuasion Science for Trial Lawyers" (Full Court Press, 2022).
- Blumberg's comprehensive research into how the mind understands and receives information is an invaluable tool for trial lawyers who must communicate with juries and judges. But it also serves as a vital source of understanding how we receive and interpret information.
- It is about how trial lawyers can best persuade juries by providing insight into the science of how the mind processes information. It's not about rhetoric, or polished phrases, though they may be effective when appropriate.
- In the chapter "Keep it Simple," Blumberg cites the famous paraphrase of Einstein that is etched into my brain, "Make it as simple as possible, but no simpler." In the chapter "Mental Shortcuts and Biased Preexisting Beliefs," Blumberg explores heuristics, which are mental shortcuts, and the role they play in processing information. The shortcuts often involve prejudices and biases. Based on scientific studies, Blumberg shows us the way to avoid these barriers to understanding.
- In his final chapter, Blumberg offers some valuable final thoughts. He posits that there is more to advocacy than confidence, respect, and civility. This involves the recognition that not all jurors think as we do or have the same values. Blumberg demonstrates how to present a case so that jurors of widely differing values and beliefs can understand and appreciate the values underlying the story the lawyer tells them. This is the science of persuasion.
Watch an interview with Blumberg
here and see Jeff Ehrlich's review
here.
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