09/08/25 - 

Clarity Is What Turns Information Into Influence

Clarity Is What Turns Information Into Influence

A few weeks ago, we talked about code-switching—how attorneys move between the language of the law and the language of the people. That skill matters.

But here’s the hard truth:
👉 Even if you code-switch perfectly…
👉 Even if you know when to use formal terms and when to simplify…

None of it matters if your words don’t land with clarity.

Because clarity is what turns information into influence.


Why Clarity Matters

Jurors don’t get transcripts. They don’t get a replay button.

They get you—once.

And neuroscience gives us a reality check: people can only hold about four “chunks” of new information in working memory at once. Overload them with jargon, long sentences, or meandering explanations, and they’ll tune out. Not because they don’t care—because their brains can’t keep up.

⚖️ Clarity doesn’t mean “dumbing down.” It means respecting cognitive limits and making your words easy to absorb, process, and carry into deliberation.


The Science of Clarity

  • Cognitive Ease vs. Cognitive Strain

    • Straightforward language creates ease. Jurors feel smart, engaged, and capable.

    • Tangled phrasing creates strain. Jurors feel resistant—not because they’re confused, but because hard-to-process words trigger dislike.

  • Working Memory Limits

    “The plaintiff has the burden of proving, by a preponderance of the evidence, that the defendant deviated from the standard of care.”
    Dense. Hard to hold.

    “Our job is to show you that what happened here was more likely than not caused by the defendant’s choices.”
    Digestible. Clear. One chunk.

  • Sticky Phrasing
    Jurors will repeat what they remember. Short, repeatable phrases become anchors that carry into deliberation.


Habits That Build Clarity

  • One idea per breath. If your sentence is longer than your breath, it’s too long for jurors.

  • Plain words first. Introduce legal terms, but define them quickly in everyday language.

  • Metaphors and analogies. Link new concepts to something jurors already know.

  • Sticky repetition. Say your key phrase the same way every time so it sticks.


Delivery Matters Too

Clarity isn’t just what you say—it’s how you say it.

  • Pauses → Give jurors time to digest.

  • Pace → Slow down to sharpen focus.

  • Emphasis → Stress the words that matter most.

  • Tone → Calm, grounded delivery builds trust.

When your words and delivery align, jurors don’t just hear you—they trust you.


A Quick Example

Legalese version:

“Compensatory damages are intended to restore the plaintiff to the position they would have been in but for the defendant’s negligence.”

Clarity version:

“Compensation means making it right. It means giving back what was lost. And while no amount of money erases what happened, damages are how the law makes sure someone isn’t left carrying the burden alone.”

Both are accurate. Only one is repeatable in deliberation.


The Takeaway

  • Code-switching earns credibility—meeting your audience where they are.

  • Clarity earns influence—making your message easy to understand, process, and repeat.

Your job isn’t just to say the right thing.
Your job is to make sure jurors can carry the right thing with them—even when you’re no longer in the room.

So this week, take a hard look at your openings, closings, and voir dire questions. Ask yourself:
👉 Is this clear?
👉 Could a juror repeat this to another juror later?

Because clarity isn’t simplification.
Clarity is leadership.
Clarity is respect.
Clarity is what makes your message unforgettable.

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