You don’t get to be in the deliberation room. But your voice does.

If you want jurors to remember what matters most, it starts—and ends—with how you show up at the beginning and the end.

There’s a reason your opening and closing carry so much weight in trial. 

The human brain doesn’t treat all information equally. In fact, according to decades of research in cognitive psychology, people are more likely to remember the first and last pieces of information they receive. This is known as the primacy and recency effect. 

And it's not just theory—it’s a proven memory model. Information that is presented early and in a logical sequence are recalled more easily than info that's given in the middle, especially in high-stakes or emotionally charged situations when their brains are under stress. 

So, what does that mean for your trial work? 

Let’s break it down.

1. Your First Impression Isn’t Just Visual—It’s Neurological

Your first impression was made long before you say, “May it please the Court.” 

The way you stand in the space, the way you breathe, even as early as voir dire, tells jurors who you are. You’re signaling trustworthiness, clarity, calm… or chaos. These early micro-impressions alert jurors’ brains to either engage or retreat. 

Malcolm Gladwell calls this thin slicing—our brain’s ability to make fast, lasting judgments with very little data. Once made, those impressions are hard to reverse. Read more about thin slicing in Blink 

So don’t warm up on the jury’s time.

Start strong. Be ready. Be grounded. Offer structure. Let your tone, tempo, breath and presence say: “You’re safe here. I’m prepared. I’ve got you.”

2. Opening Statement: You’re Not Just Speaking—You’re Teaching

Most jurors aren’t trained to absorb information through spoken word alone. In fact, we know that 65% of people are visual learners, not auditory. So, you have to pay special attention not just to spout off your information, but to patiently teach your jurors how to process that information. 

Of course there are some great opening statement templates that can be used. Following a template is great for organizing your message and systematically walking a juror through the case facts and desired outcome. Whichever template you use, try layering on this three-part structure to double down on clarity and retention: 

1. The Rule: Begin with a guiding principle or truth about the case. This gives some context and anchors the rest of your message.

2. The Roadmap: Give clear and patient teaching to help them encode your key points mentally. This let's them track your story and compare it to the core knowledge you gave them. Stay organized. Walk them through each section methodically.

3. The Story: In all your storytelling, use human detail, emotion, and specificity to bring meaning to the facts. Make sure they can relate to the events. Use dialogue techniques to keep the characters straight. 

By offering both logic and feeling, you’re not just transmitting knowledge—you’re creating cognitive anchors. These anchors help jurors store and retrieve your points during deliberation.

3. Closing Argument: The Final Echo

If your opening is the map, your closing is the destination. It’s not just a summary—it’s a culmination. 

Jurors are now building their collective version of the truth. Your closing must: 

1. Reaffirm the rule.

2. Restate the roadmap.

3. Reconnect them emotionally to what matters.

4. Reinforce the action you’re asking them to take. 

So your closing is not an afterthought. It’s the most important thing they’ll carry into the deliberation room.

4. Delivery Matters as Much as Content

Don’t forget: Jurors don’t just remember what you say—they remember how you say it. 

Your tone. Your pacing. Your gestures. Your breath.

When your voice carries confidence and care, you’re not just sharing information. You're infusing meaning–making things easier for the jury to understand, track, and encode. And, you’re creating resonance, which builds memory.

Final Thought:

When it comes to juror memory, the beginning and the end are everything.

Plan them with the same level of care you give to your cross or your closing slides. Because in the end, your voice will walk into the deliberation room—even when you can’t. 

Keep showing up with clarity and care. Keep fostering your voice.