Jurors come from all walks of life, and their ability to process and engage with courtroom information varies widely. In this episode, we explore the importance of recognizing neurodiversity in the jury pool and discuss practical ways trial attorneys can create a more inclusive, engaging courtroom experience. From avoiding legal jargon to adjusting your pacing and body language, these small but powerful shifts can make a major difference in how jurors absorb and retain crucial case information.

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What You’ll Learn in This Episode:

1. Why my role as a “practice juror” in coaching trial attorneys is so valuable

2. The evolving conversation around neurodiversity and why language matters

3. How standardized jury instructions and note-taking policies can create barriers

4. Simple ways to make voir dire, openings, and trial presentations more accessible

5. The power of pacing, pausing, and intentional body language for better juror engagement

Resources & Next Steps:

IG Reel about goals - https://www.instagram.com/reel/DF3odyCSsAx/?igsh=MXM2a3FydzNxbzRpbg==

Science on Tap website - https://www.scienceontaporwa.org/

Nat'l Institute of Health - https://pmc.ncbi.nlm.nih.gov/articles/PMC6513874/

Kara Jorgensen Blog - https://karajorgensen.com/2023/07/30/neurodivergence-and-jury-duty/

Want to improve your vocal delivery? Sign up for a free vocal assessment—email me at [email protected]

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TRANSCRIPT:

Hellllloooo! Hello, Foster Fam! So glad you're here, and I want to invite you to be with me in other places as well. I'd love to be connected via email where I can send you weekly vocal tips and notices of new episodes. I've also got some things in the works for a little later this year and i want to make sure you are on the front end of getting the deets. So, visit fostervoicestudio.com and get on my mailing list.

I'm also pretty active on Instagram and Facebook. If you want some daily tips & tricks, just some quick action ideas and short form motivation to take you along your path to vocal mastery, find me over on those platforms. My handle is @fostervoicestudio. So, I'll look for you on the socials.

In each of these weekly episodes, i like to share with you from my field of training and expertise of course, but I also like sharing things that I'm learning right along with you. I have found that my learning gets solidified when i can teach about what I'm learning. Do you experience that too? That's just how it's always worked for me. I became a WAY better vocal performer once I began teaching vocal performance.

So, last week, we talked about the process of learning, that is how we move from knowledge acquisition to knowledge assimilation and, i shared just how frustrating that experience can be.

I want there to be a direct correlation from knowing information about a goal I'm trying to attain to being able to attain that goal. And it frustrates me that that's just not how it works. I'm pouting a little bit.

After sharing all this with my coach, she sent me a reel that she came across that just helped make a powerful perspective shift. I'll link the post in the show notes, but it was basically this...

They drew a stick figure on one side of the paper with a straight arrow pointing to the word GOAL that was in a circle on the other side of the page. A nice direct path. My actions leading me straight to the goal. That's how i WANT it to work.

But, in reality, the second diagram she drew was a better representation of what ACTUALLY happens.

So, she drew the same stick figure on the left and the word GOAL on the right. But instead of circling the word goal, she drew a circle around the person. Then she drew another circle around the person, slightly bigger than the first. And another bigger circle. And another, and another. She kept drawing concentric circles until the circle was encompassing the word GOAL.

You see, with each circle, small growth was happening. A little new learning, and a little expansion. Then a little bit more "small growth", and then a little more. Until the person had grown to the point where the goal was attained. All the small changes along the way, expanded the person until they eventually reached their goal.

The first diagram was all about DOING. But the second diagram was about BECOMING.

It was such a powerful visual lesson for me. AND helped create some grace, and maybe patience for the process. Achieving a goal isn't about a direct line. it's about ME — me growing, me changing, me maturing.

She ended her video with a reminder that "Your goals are not to GET. Your goals are to GROW."

—BREAK—

One of the things i LOVE about coaching with trial attorneys, is that I get to learn. I am, what would be considered, a regular, everyday, juror-type person. That's one of the main strengths that I bring to coaching and one of the highest values I can give in consulting...I am potentially someone who would be in your jury pool.

If I was called for jury duty, I would be a really earnest participant. I have a really strong sense of duty that governs me, so I would give it my best. Give it my best to pay attention, to stay focused, to listen well, stay engaged, and participate.

Because I know this about myself, I'm able to tell my clients when I'm really struggling to track with them. "What you just said is confusing, or too wordy. is there a simpler way to say that?" "Oop, that sounds like legalese. That's not how regular people talk. What can you say instead?"

Beyond just tracking what you're saying, I often say, "Okay, my brain just went sideways for a second." Either what they said or how they gestured made my brain go away from what they were saying and into my problem solving space, or...i got bored or distracted and stopped listening. We then stop and problem solve WHY I got bored or distracted and make the adjustments.

So, I'm a juror they get to practice with.

BECAUSE of this, I have a real heart for jurors. That's a real passion point I bring into my trial consulting. I know that I want to be supported, equipped, and empowered and I want that for ALL jurors.

That desire has fueled my drive to research HOW people learn. But here's the thing...we all learn in slightly different ways. I've become really curious about not just styles of learning, but about the neurodiversity that is represented in a standard jury pool.

Now, I am no where near an expert in this. I'm just beginning my research and my discovery, so I'm not speaking today as any type of authority. But, what i DO want to do is to prompt you, a trial attorney, to consider this diversity and to make strategic efforts moving forward to be more inclusive and attentive to this issue.

Neurodiversity is a continuous and developing conversation. Even the language we use around it is changing. For instance, I'm trying really hard to say neuroDIVERSITY instead of neuroDIVERGENCE.

NeuroDIVERGENCE is still commonly used and is neutral to lots of folks. But for some, it suggests that there is a standard, a "normal" and that someone has strayed off course. This suggestion then leads to the implication that they are "wrong" in some way. Sub-standard. Not normal but divergent from the norm.

I just attended a Science on Tap lecture in my neighborhood. Do you have Science of Tap in your area or maybe that's just a Oregon/Washington thing? It's a group that hosts science-based lectures in partnership with venues that serve beer & snacks. They're trying to make learning fun and create a more casual vibe. I really enjoy them and attend when I can. So, this particular lecture was called "The Wonderful World of Neurodiversity: Aren't We All Just a Bit Unique?"

The presenters showed that there's not an ACTUAL neurotypical brain. Sure, there is a statistical AVERAGE brain, but it is a mathematical example. There's not a literal brain that can be held up as the "normal" sample. There's no one brain that fits that mold.

There are simply variations in wiring of the brain. And just because there's a difference in wiring, doesn't mean that the person has a disorder. Think about ADD, ADHD, OCD...all these diverse ways of acquiring and processing information that we've named "disordered." The Science on Tap presenters really brought home the truth about how language shapes our perceptions around neurodiversity and can do a disservice to us ALL.

We all are unique and have unique ways of obtaining, processing and internalizing information — all things that you want your jurors doing. So, it would behoove you to consider the obstacles that they face when they're called to jury duty and then what are the options for affecting real change.

So, first, what are the obstacles? Standardized jury instructions, read aloud. And they're so long, and most of the time, the judge keeps a really flat vocal affect. I mean...I have listened to judges and just died inside wishing I could work with their vocals. Side note: if you are a judge, please let me help you be a better communicator in the courtroom. Send me a DM or an email.

Inclusion and accommodation for jury instructions would look like providing written, visual formats, not just auditory formats; using plain language and checking for understanding. Rule-oriented folks WANT to do the right thing and follow the instructions to the letter of the law (so to speak), but the system by which they are delivered makes it really challenging.

Another protocol that does not take neurodiversity into consideration is standardized note-taking policies (or bans on note-taking). Writing and drawing have been proven to be significant and necessary tools for effective information processing.

Any kind of one-size-fits-all procedure or expectation, including the manner in which deliberations are structured, will negatively impact decision-making that leads to justice.

Okay, but that's the Court, Kristi. I'm not sure how much I can effect change for those things.

Fair enough. So here are some things that you as a trial attorney CAN do...

In Voir Dire, ask open-ended questions. Avoid strictly yes or no questions as they require that everyone has the same interpretation of the question. in the off chance that you use ambiguous or confusing language in your question, there will be some who will be absolutely paralyzed by the need to answer solely yes or no with no room for asking for clarification or offering an alternative response.

Be mindful of body language biases. Some jurors may struggle with eye contact or facial expressiveness, and OOOH the temptation is to think that they are against you. So what do you do? You kick them off. Is it possible that you just kicked off a juror that would have been really good for your case? Yes! It's entirely possible. So, check your bias at the door. Pay attention to your OWN nonverbal communication and don't infer meaning into their body language.

Now, I talk a lot about the power of pausing. But how much MORE important is it when considering inclusion of a neurally diverse jury panel. Allow for a pause after asking questions to accommodate different processing speeds. EVERYONE needs you pausing, but err on the side of longer than YOU want in order to bring folks along with you.

This is true in Opening as well, and just throughout the trial process. Vary your pace to support different processing speeds.

Use a mix of verbal & visual communication tactics. But make sure to eliminate legal jargon and avoid overcomplicating your sentences. Break information into small, digestible chunks. And then be really intentional with YOUR body language.

Record yourself or work with a coach to make sure that your gestures are not only clear and motivated, but that they reinforce your message, and help to link your audience TO the information.

Finally, in your visuals, like flip charts or power points, make sure you are consistent with formatting and color-coding. Remember, YOU know what you're talking about and it all makes perfect sense to you, but for someone who is just hearing the information for the very first time and who has zero frame of reference and no former experience in that topic, you have to keep things extra basic and be SUPER intentional with visual clarity.

Again, run your slides past someone or work with your coach on this. Have them tell you where they are getting confused, if the order of the pictures makes sense, or even just ask what are the elements that are distracting to them.

These are all things I regularly do with my coaching clients. If you don't have a coach and would be interested in exploring what coaching could look like for you, send me an email. I'd love to discuss options with you, or even get you signed up for a free vocal assessment to help you determine your strengths and maybe some areas for growth.

Look, I understand that in our current political climate, there's a lot of controversial and divisive discourse around DEI — diversity, equity, and inclusion. But when it comes to getting justice for your clients, you can not afford to cast DEI aside. If you want jurors to stay engaged and develop the rapport with them you're looking for...pay attention, be willing to do things differently, get creative, and keep fostering your voice.