Your delivery in court is about more than words—it’s about how you keep jurors’ brains engaged. Neuroscience tells us the brain loves patterns because they conserve energy. But, once a pattern is predictable, the brain checks out.

In this episode, we’ll dive into how novelty—surprise shifts in pitch, pace, volume, melody, or tone—keeps jurors awake, attentive, and ready to remember what matters most.

LISTEN HERE...

In this episode, you'll learn:

1. Why the brain craves patterns but also needs novelty to stay engaged.

2. How monotone delivery triggers jurors’ “energy-saving mode.”

3. The neuroscience of surprise and dopamine: why novelty boosts memory.

4. Practical vocal tools—volume shifts, pauses, melody changes—that reset attention.

5. How to use novelty generously, without ever becoming “too dramatic.”

Key Takeaway

Patterns make jurors’ brains comfortable, but novelty makes them remember.

Favorite moment

“A pause isn’t just empty space. Silence is one of the most effective novelty tools you have. After you land a powerful phrase, just stop. Jurors will lean forward, waiting for what comes next.”

Links & Resources

Top 20 Legal Terms to Avoid: https://www.fostervoicestudio.com/top20

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If this episode gave you something to try, share it with a colleague who’s ready to refresh their courtroom delivery. And don’t forget to leave a quick review—it helps other trial attorneys find the show and keep jurors engaged.

TRANSCRIPT:

Helloooo!! Hello Foster Fam! So glad you have tuned in today. We're going to talk about patterns and I kind of geek out about the neuroscience of learning — HOW do jurors learn, HOW can you increase the chances of people being able to physically hear your message and then do something with it.

Before we get to that though, I just want to remind you about a few things.

You're not stuck. When it comes to your voice and how you communicate, you can change your default settings. They're not carved in stone. They are simply a set of behaviors.

Your voice — behaviors that have been practiced so much that they feel intrinsic and just "how you were made." But your voice, like any other habit, is made up of a set of behaviors. If you don't like those behaviors — if you don't like feeling like you're monotone, or that you can't get the authority and gravitas you need for the courtroom, or that you can't cut through and be heard — if you don't like any of that, you can change them by learning a new set of behaviors and practicing them until they become a habit.

Your personality can be approached the same way. You weren't just born shy, or born gregarious. You just practiced a set of behaviors that became a habit early on. You probably weren't even aware of it. But you can be aware of it now.

And you can ask yourself, "What behaviors do confident people do?" If you recognize that people who seem confidence regularly stand with a taller posture, have a calm control of their body (meaning, they're not super fidgety), speak slow and clear and are able to project, well then those are behaviors you need to practice.

You're good at being shy because you have practiced shy behaviors your whole life. So, start practicing a new set of behaviors to develop new personality shifts.

But when I say "practice," I mean, do this in the privacy of your own home or in your car by yourself first. Get comfortable standing taller while you brush your teeth. Practice sitting still at your desk instead of bouncing your knee. Channel that frenetic energy and develop some focusing tools. This is LOW-STAKES practice.

You don't just suddenly become something different or have a new set of skills simply because you declare it. That's not how learning works. That's not how meaningful change happens. You have to patiently build new neural pathways, new muscle memory.

But you can. And I'd love to help you. Just reach out through email at [email protected]. I'd love to be part of your vocal growth, part of your leadership growth, and part of your impact growth.

—BREAK—

Intro

Today we’re talking about something that will change the way you think about your delivery in court. No, we're not talking about your evidence, or your story structure. We're talking about how you use your voice in a way that keeps jurors’ brains engaged.

Here's the takeaway — I'm giving it to you at the start of things—haha!

The brain loves patterns, but it needs novelty. Okay, so now let me explain.

Why the Brain Craves Patterns—and Novelty

The brain has one primary job: to keep you alive. And part of how it does that is by conserving energy wherever possible. Your brain doesn’t want to burn extra calories on critical thinking if it doesn’t have to. That’s why it’s so efficient at recognizing and locking into patterns.

Patterns are shortcuts.

When your brain recognizes a predictable pattern, it thinks, “Great, I don’t need to pay attention anymore. I already know what’s coming.”

This is why we zone out during repetitive meetings, predictable speeches, or monotone delivery. The brain slips into energy-saving mode and checks out.

Now—this is fine if you’re listening to a bedtime story or a podcast to relax. But in the courtroom? It’s a disaster.

Because when jurors’ brains check out, they stop tracking your client’s story. They miss key details. They fail to connect emotionally. And without meaning to, they mentally go offline and you lose ground trying to hold wrong doers accountable, and making wrongs right.

That’s the cost of predictability.

When your delivery is predictable, jurors can “fill in” what you’re about to sound like. Their brains predict the pattern, and they don’t have to work as hard to stay with you.

And the moment they can predict you, they can ignore you.

How Patterns Show Up in Speech

So, how do patterns sneak into your delivery? They’re usually found in:

1. Vocal tone that never shifts,

2. Cadence that runs at the same tempo,

3. Pitch that stays in a narrow range,

4. Melody that never rises or falls,

5. Volume that stays flat.

The Power of Surprise

That’s where novelty comes in. The human brain may prefer patterns for efficiency, but it lights up when something unexpected happens. Neuroscience tells us that surprise triggers a release of dopamine—a neurotransmitter linked to attention, curiosity, and memory.

That’s exactly what you want in the courtroom: jurors whose attention is captured, whose curiosity is piqued, and whose memory is being primed to hold onto your message.

So how do you do it? You disrupt the pattern.

You create intentional, surprising moments. Maybe it’s:

1. A sudden change in volume—speaking louder with urgency, or softer to draw people in.

2. A vocal shift—popping into a different range or brightening your tone.

3. A dramatic pause—letting silence do the heavy lifting.

4. A change in rhythm—slowing down suddenly, or leaning into a phrase with punchy cadence.

These aren’t gimmicks. They’re tools. Tools that keep your jurors’ brains guessing, “What’s going to happen next?” And that curiosity keeps them engaged with your case.

But What If I Overdo It?

I hear this from attorneys a lot: “But Kristi, what if I sound cartoonish? What if I’m too dramatic?”

Here’s the good news—you won’t. I promise. You’re not wired that way. Your professional filter, your awareness of context, and honestly, your own nervous system won’t let you go over the top.

In fact, most of the time, attorneys err on the side of being too flat, too predictable, too restrained. You can afford to sprinkle in more novelty than you think.

Your self-preservation will back you off naturally. At least for quite a while, while you're learning and testing. By the time you're in real danger of going overboard, you will have developed the skills and you'll know where the boundaries are.

And remember: this isn’t about becoming theatrical. It’s about being strategic. You’re not trying to perform. You’re trying to refresh attention, reset the energy in the room, and make your key points stick.

Practical Applications in Trial

Here are a few ways to start experimenting with this:

1. Save novelty for key moments. Don’t change everything all the time—that would be chaos. Instead, identify the two or three most important points you want jurors to remember. Use a vocal surprise to mark those moments.

2. Use volume shifts intentionally. Try raising your volume to underline urgency—or lowering it to create intimacy. A sudden whisper can be more arresting than a shout.

3. Experiment with pauses. Silence is one of the most effective novelty tools you have. After you land a powerful phrase, just stop. Let jurors sit in it. They’ll lean forward, waiting for what comes next.

4. Play with melody. If your speech usually runs flat, try adding shape to your phrases. Emphasize certain words. Lift your tone at the end of a rhetorical question. Drop it for finality.

5. Practice in low-stakes settings. You’ve heard me say this before—skills are best built outside of trial. Try a volume shift when you’re telling a story to a friend. Or add a pause in a team meeting. Your nervous system learns comfort through repetition.

The Generosity of Surprise

Here’s the bigger picture: novelty isn’t about entertaining jurors. It’s about generosity.

When you disrupt patterns, you give their brains a chance to re-engage. You help them stay awake, alert, and connected. You make it easier for them to learn, to process, and to remember.

And at the end of the day, that’s what you want: jurors who not only heard your words, but who can repeat them back in deliberation. Because if they can’t repeat it, they can’t use it.

Wrap-Up

So again, here’s your takeaway today: The brain loves patterns, but it needs novelty.

Patterns make jurors’ brains comfortable, but novelty makes them remember.

Don’t let your delivery become a lullaby. Use surprise—through pitch, pace, melody, volume and tone—to keep your message alive in the room.

Your jurors can’t afford to check out. And your client can’t afford it either.

If this episode resonated, I’d love it if you shared it with a colleague—or left a quick review. It really helps other trial attorneys find the show and rethink how they use their voice in court.

Until next time—keep fostering your voice.