APRIL J. FERGUSON, M.S.

Chief Executive Officer | Opveon Litigation Services, LLC

The Millennial Effect – Learning How to Effectively Communicate

Analyze the nuances of juror engagement with a pivotal guide that shows how to master the art of communication with millennial jurors.

by
OLS
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In recent years, the legal landscape has witnessed a remarkable shift in the dynamics of jury decision-making, largely influenced by the rising presence of millennials on jury panels. Millennials no longer represent the one or two token jurors. Millennials are now the largest generation in our workforce and on our jury pools. It is predicted by the year 2025, 3 out of every 4 workers will be millennials. This demographic cohort is not only reshaping consumer trends and workplace dynamics but also exerting a significant impact on the outcomes of civil trials, particularly in the realm of nuclear verdicts.

As millennials bring their unique values, experiences, and communication styles to the courtroom, trial consultants and legal professionals are faced with the challenge of adapting their strategies to effectively connect with this pivotal demographic. Understanding the millennial effect on nuclear verdicts is not just a matter of demographic analysis but a crucial step towards developing more persuasive and resonant communication strategies in the modern legal arena.

Below are some communication strategies our experienced team of trial consultants have developed to aid you in your next trial:

  1. Use Technology to your advantage. Millennials, defined by their relationship with technology, expect trial lawyers to use it effectively. Present evidence clearly, concisely, and with engaging visuals. Millennials, accustomed to rapid and graphic news coverage, expect similar high-quality presentations in the courtroom. They are skilled at creating such content themselves through any number of computer or phone apps, and now see impressive graphics and animations as essential, not off-putting. Embracing these tools is necessary for effective juror communication.
  2. Millennials are impatient and have short attention spans. They prefer learning through brief, graphic-rich bursts of information that get straight to the point. Avoid lengthy, detailed explanations. Streamline your presentations and respect their time. For instance, when using a timeline to show a sequence of events, Boomers will follow it to your conclusion. Gen-Xers will reach the conclusion before you finish and wonder what's next. Millennials, however, will lose interest after a few seconds. Clear, concise, and precise are key communication tactics when dealing with millennials.
  3. Use Storytelling. Millennials respond well to authentic and compelling narratives. Crafting a compelling story that resonates – that starts in Voir Dire and concludes in Closing Arguments – can help make your case more memorable and persuasive. Remember, the goal is to arm the jury with the ammunition they need to be your advocate in the deliberation room. That starts with a cohesive, compelling story that resonates with jurors’ values and experiences.
  4. Talk to them, not at them. Millennials are highly educated. They don't view lawyers or expert witnesses as authoritative figures like previous generations but prefer to be guided to conclusions rather than being told what to believe. For them, experts play a crucial role as educators, but they do not necessarily accept the information they provide at face value, just because they are an “expert”. While Baby Boomers trust experts with strong credentials and experience, Millennials need to be taught in an engaging manner, leading them to the answer instead of simply presenting it. Furthermore, millennials respond well to language that is clear, concise, and relatable. Avoid jargon and complex terms instead use language that is accessible and easy to understand.
  5. Millennials possess strong anti-corporate sentiments. These feelings are shaped by events such as the banking crisis, housing crisis, BP Oil Spill, and other breaches of trust. Despite their high levels of education, many find themselves underemployed, further fueling their skepticism towards corporate America. This cynicism drives a powerful desire not to be deceived. When presenting evidence, it’s crucial to keep this in mind. Studies have shown that millennials prioritize transparency and authenticity from organizations. They value honesty and are more likely to support companies that demonstrate social responsibility. The 2008 financial crisis, for instance, left a lasting impression, making them wary of financial institutions and big business. Similarly, the BP Oil Spill in 2010 reinforced their distrust in corporate ethics and accountability. Additionally, their experiences with stagnant wages and job instability despite advanced education contribute to their critical view of corporations. This generation's deep-seated suspicion means they are likely to scrutinize evidence thoroughly and expect clear, truthful communication. Engaging millennials effectively requires acknowledging their concerns, presenting information transparently, and avoiding any appearance of manipulation or deceit.

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