Clarity in the courtroom isn’t about dumbing things down—it’s about making your ideas stick. In this episode, we explore why clarity is often confused with oversimplification, how the brain processes language, and what trial attorneys can do to ensure jurors not only hear their message but remember it when it matters most. From word choice to pacing to structure, we’ll break down the science of clear communication and how it becomes a powerful tool of persuasion.

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In this episode, you'll learn:

1. Why clarity is different from simplification (and why that matters in trial).

2. How jurors process information and the role of “cognitive load” in learning.

3. The neuroscience behind why shorter, clearer statements are more memorable.

4. Practical strategies for delivering complex information in bite-sized, jury-friendly ways.

5. How to use voice, pacing, and nonverbal communication to reinforce clarity.

Key Takeaway:

Clarity isn’t about making legal arguments smaller—it’s about making them stronger. When jurors clearly understand your point, they can retain it, repeat it, and rely on it during deliberation.

Favorite moment:

“When you reduce your message to one idea per breath, you’re not just speaking more clearly—you’re giving jurors the exact size of thought their brain is built to remember.”

Links & Resources:

1. Juror trauma study: https://www.sciencedirect.com/science/article/abs/pii/S004723521630054X?via%3Dihub

2. Juror counseling program: https://whyy.org/articles/post-trial-counseling-philadelphia-courts-secondary-trauma/

***SPEAK SO THEY GET IT MINI TRAINING***

https://www.fostervoicestudio.com/speak

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TRANSCRIPT:

Hellooooo! Hello Foster Fam! Welcome back to today's episode of the Foster Your Voice podcast. I'm, of course, your host, Kristi Foster.

Now, if you're new to the pod, usually, before we dive into the topic of the day, I like to share something that I've come across that I think is worth spreading around to others. Most often it's a fresh perspective on something that caused me to look at it with new eyes, or it's a challenging concept that made me think about it in a different way and maybe open up to a new framework. Or, those that were listening this summer were treated to a very thorough, multi-part break down of all the ways that the Tour de France is similar to Litigation. So...it's a variety of things.

Today, I have something that I knew I just had to bring to you and see if your city or state does something similar. Here it is...

Each day I get an email that has curated the top headlines across the nation—brief political updates, some light pop culture references, and the like. But last week, there was headline that said: Jury Duty's Tolls Don't Always End When the Trial Does

Of course I clicked on the article because, as you know, I have a real heart for jurors and all they go through during trial, so I was immediately intrigued.

It said that jurors who serve on deeply disturbing cases about murder and abuse in criminal cases, or on civil cases that involve a lot of gruesome details, that they can leave the courtroom with secondary traumatic stress disorder, also called “vicarious trauma.”

One study, and I'll put the links to these studies and articles in the show notes for you, but one study said that up to 50% of jurors who served on difficult cases, showed symptoms such as anxiety, despair, and sleep issues, that sometimes went on for months or years.

There are some jurisdictions, like, the city of Philadelphia, the state of ND and Alaska, and parts of CA, Mass, and even TX, have programs they've rolled out to help jurors cope with this vicarious trauma.

So, like, in Philadelphia, they just started a post-trial counseling program where, after trial, jurors are offered a business card with a QR code that direct them to the counseling service sign up.

One of the big contributors that exacerbates the trauma is that jurors aren't allowed to talk about the case while it's going on. This article said that "not being able to discuss what they see in court until a trial ends can compound emotional despair." As a verbal processor, that totally makes sense.

Now, this article really drives the point home, but I've also been saying for a long time that we need to do more to accommodate and facilitate juror's learning and processing. They need more than the obligatory ‘Thank you for your service.’

We're gonna talk today about clarity and that will go a long way with helping jurors understand the case facts, and help to curb where they're brains want to run away and fill in the gaps with their own imagination, which might elevate the horror of the events in your case.

But also, I want to keep encouraging, and nudging you, to TREAT the difficult material. Include some "trigger warnings" before you pop up a picture of a gruesome injury, wreck, or botched surgery. Just a verbal "So, these next pictures are going to show the injury (or crash scene, or whatever)." Just SOMETHING so they can brace and protect themselves emotionally.

Remember that you are desensitized to this stuff. I'm not saying you're cold and heartless. Not at all. I'm just saying that you're used to dealing with these type of gruesome, trauma-inducing details and you have a duty to help nurture the jury along so they don't just shut down and check out, and so they feel equipped to cope with the material along the way in spite of the limitations the court has put on them to not discuss.

So, I'm curious...does your city offer post-trial trauma counseling for jurors? Have you heard of this before? What do you think about having programs like this? And how do you personally contribute to the care of jurors in difficult cases? Send me an email at [email protected]. I really want to hear from you.

—BREAK—

A few weeks ago, we talked about code-switching—how attorneys have to be bilingual in the courtroom, moving seamlessly between the language of the law and the language of the people. If you missed that episode, go back and give it a listen because it sets the stage for what we’re diving into today.

Because even if you can shift registers, even if you do know when to use formal legal terms and when to simplify for jurors—none of that matters if your words don’t land with clarity.

Clarity is what turns information into influence.

Why Clarity Matters

Here’s the truth: jurors don’t get transcripts. They don’t get a replay button. What they do get is you—and only once.

And neuroscience tells us something important: people can only hold about four “chunks” of new information in working memory at once. If you’re overloading them with long sentences, technical language, or wandering explanations, they’ll tune out. Not because they don’t care—but because their brains literally can’t keep up.

Clarity doesn’t mean dumbing things down. It means respecting your jurors’ cognitive load and making your words easy to absorb, easy to process, and easy to carry into deliberation.

The Science of Clarity

Let’s break this down.

1. Cognitive Ease vs. Cognitive Strain

   The brain likes what feels easy. When your language is straightforward, the jurors’ brains relax. Processing feels smooth. They feel smart, capable, and engaged. That’s cognitive ease.

But if your phrasing is tangled or packed with jargon, the brain has to work harder. That’s cognitive strain. And here’s the kicker: people often misinterpret cognitive strain as “I don’t like this person.” They won’t necessarily say “I didn’t understand.” Instead, they’ll just feel resistant.

1. Working Memory Limits

   Think about it—if I say:

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

That’s a lot to hold in one go.

But if I say:

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

Suddenly, it’s digestible. One chunk. Clear.

1. Sticky Phrasing

   In deliberations, jurors will repeat what they remember. So clarity isn’t just about the courtroom moment—it’s about equipping them with language they can carry. That means short, repeatable phrases. Anchors they can hang onto.

Podcast Commercial Insert (Conversational)

You know, as I’m talking about this, I can almost hear some of you thinking,

“Okay Kristi, I get why clarity matters. But how do I actually fix my own language?”

That’s exactly why I put together my mini-training called Speak So They Get It.

It’s short, it’s practical, and it walks you through my 3-step framework for turning legalese into plain, powerful language jurors can actually use in deliberation.

And the best part? It’s just seven bucks. Less than your courthouse coffee run.

Now — if you want me to take a look at your actual trial language — a voir dire question, a chunk of your opening, maybe a tricky witness exchange — I also offer a 15-minute Language Review. You send me 250 words, I mark it up with rewrites, record a quick Loom video, and you’ll see exactly how to make your own words land with jurors.

Both of these are designed to make clarity not just an idea, but a habit in your trial prep.

You can find the links in the show notes.

How Clarity Looks in Practice

Let’s talk about some habits that help:

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

2. Plain words first. Don’t avoid legal terms altogether—you’ll need them—but introduce them with a quick, clear definition in everyday language.

3. Metaphors and analogies. These are cognitive shortcuts. They take something unfamiliar and link it to something jurors already know.

4. Sticky repetition. Say the key phrase the same way every time. That consistency lodges it in memory.

And here’s the part that makes clarity so distinct from code-switching:

1. Code-switching is about who you’re speaking to.

2. Clarity is about how you craft your message so anyone can carry it.

Delivery Matters Too

Clarity isn’t just about words—it’s about how you deliver them.

1. Pauses — Silence is your friend. It’s what gives jurors time to digest.

2. Pace — Rushing blurs the edges of your message. Slowing down draws focus.

3. Emphasis — Lean on the words that matter most.

4. Tone — A calm, grounded tone makes your message sound trustworthy and approachable.

Remember, jurors are both listening and watching. When your delivery matches your words—calm, confident, spacious—they’ll trust you more, and they’ll follow you more easily.

A Quick Example

Imagine you’re explaining damages.

You could say:

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

Or, you could break it down like this:

“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. But only one will still be ringing in jurors’ ears when they walk into deliberation.

Closing Takeaway

So here’s the big picture:

Code-switching earns you credibility by meeting different courtroom audiences where they are.

Clarity earns you influence by making your message easy to understand, easy to process, and easy to 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—without you in the room.

So this week, I challenge you: look at your opening, your closing, even your voir dire questions. Ask yourself—is this clear? Could a juror repeat this to another juror later?

Because clarity isn’t simplification. It’s leadership. It’s respect. And it’s what makes your message unforgettable.

Thanks for spending time with me today. If this episode gave you something to think about, would you share it with a colleague or leave a quick review? And if you want to go deeper, check out my earlier episode on code-switching—they really work hand in hand.

Until next time, keep fostering your voice.