Forget About Building Trust with Jurors. What You Need is Permission

I bet you've been told you need to build trust with jurors, haven't you.

Here's the problem: trust takes time. Yet, you don't have the luxury of time to get jurors to believe and trust you.

What you need is permission.

What is permission?

Permission is how receptive someone is to you or your message.

Permission is a function of three things:

• Need
• Timing
• Context​

You can increase permission with jurors (or anyone else) by meeting their need. 

For example, what do jurors need at the start of jury selection? Information. They want to know why they're there and what they have to do. So tell them. Forget phony "rapport builders" like asking about hobbies or what jurors have read lately. Get straight to the issue and watch permission go up.

You also increase permission by doing things at the right time. Jurors need to feel empowered, yes. But telling them they're the most important people in the room at the beginning of trial nearly always fails. Why? It's the wrong time. Jurors are on the lookout for any hint of manipulation and this fits the bill. You empower jurors in closing, not when you begin.

Finally, you increase permission by meeting people's needs at the right time and in the right context. 

The different parts of trial represent different contexts. The context of voir dire is to get information. The context of opening is to give information. The context of closing is to argue your side. Stay in your lane! Don't argue in opening or deliver a presentation in voir dire. 

You need jurors who are receptive to you and your message. Forget about getting them to trust or like you. Instead, focus on meeting their needs at the right time and in the right context and watch permission steadily increase.