In this episode, Kristi explores why trial attorneys must start considering how differently jurors process, learn, and retain information. Drawing from a practical framework shared by an AuDHD creator, she introduces the CLEAR method—a simple, actionable way to make your communication more accessible, structured, and effective for all jurors.

Because here’s the truth: when you design for neurodiverse thinkers, you improve learning for everyone.

In the Communication Tip, Kristi challenges your relationship with silence—and shows how your comfort (or discomfort) with it directly impacts your authority, juror engagement, and the quality of information you receive in voir dire and beyond.

LISTEN HERE...

In this episode, you’ll learn:

• Why neurodiversity matters in the courtroom—not just in education
• What “AuDHD” means and why it’s important to understand evolving language
• The CLEAR framework for improving juror comprehension:
• Why these strategies benefit all jurors—not just neurodiverse individuals
• How silence increases authority and strengthens communication
• The three powerful things that happen when you stop filling every pause with words

Key Takeaway:

Accessibility is not a limitation—it’s a strategic advantage.

When you simplify, structure, and allow space for processing, you don’t just present information—you make it usable.

Favorite moment:

“Clarity isn’t just about what you say—it’s about how much you ask them to hold at once.”

Links & Resources:

AuDHD Communication tactic → https://www.facebook.com/share/r/1DnsQ2dT4f/?mibextid=wwXIfr

Episode #63: What Jurors Actually Think When You Pause → https://www.fostervoicestudio.com/blog/63

Free resource: Pace & Pause Guide → fostervoicestudio.com/paceandpause

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If this episode shifted how you think about juror learning, start applying just one element of CLEAR in your next interaction—whether that’s in court, in a meeting, or even at home, leave a 5-star review and share this episode with a colleague. Because when more attorneys communicate with clarity and intention, everyone benefits—including the jury.

TRANSCRIPT:

—WELCOME—

 I've noticed for quite some time now something that wasn't being talked about when I was growing up but that has now (thankfully) has become part of mainstream talking points, and that is mental health and neurodiversity. I think back to some of the kids I had in classes with me during my school age years and how they would have been helped if only people were looking at neurodiversity and not trying to standardize everything.

The truth is that everyone learns differently, they listen differently, they process differently. I have a number of educator friends who I KNOW are tirelessly (and largely without administrative support or funding) working to diversify learning models and practicum to better serve the diverse classroom of students.

Why I'm calling this out to you is that neurodiverse students grow to be neurodiverse adults, and those adults are called to jury duty. As a trial attorney, I think it's unwise to not consider this when you are crafting your opening, planning for voir dire, and strategizing your key talking points throughout the course of trial.

Like I said, I think the discussions and the resources have come a long way, but we still have a long way to go and we all need to do our part to help EVERY juror feel equipped to participate in the justice process.

So, I'm always grateful when i come across helpful, practical tools that can get employed right away; things that are actionable and lead to more inclusion and more accessibility.

Today, I want to share with you a mnemonic device for a framework that I learned from Josh from re-RIGHT, an AuDHD digital creator. Side note: did you know the term AuDHD? It's newer to me and I was pleased to learn it. It refers to someone who is both autistic and has ADHD. So it's a combined acronym: AuDHD.

Here is the framework that he recommends for creating more successful learning environments for folks like himself. It's CLEAR. C L E A R. Now, It's only a little confusing in my sphere because I also have a framework called CLEAR that uses the letters as an acronym to reframe mindset. SO, let's just know between us that there are two different (but related) frameworks referred to as CLEAR: mine about reframing thoughts, feelings, and actions, and Josh from Re-RIGHT's framework. Let's take a closer look at his...

C = concrete. Say the actual task. Say exactly what they are to do, what the end will look like, and be as direct about it as possible. Wishy washy, open ended, assuming they'll fill in the gaps type of instructions will backfire on you and set them up for failure.

L = less at once. This is a tricky one because jury instructions go on and on. I'm telling you now, most people, regardless of how they experience neurodiversity, reach their cognitive load long before the instructions are done. You may not be able to directly affect the jury instructions, but you CAN effect how you organize your teaching points, how you streamline the information, how concise and clear you can be with your outline, and pausing frequently to allow for processing so they don't reach cognitive fatigue during your presentation. Remember: Clarity isn’t just about what you say—it’s about how much you ask them to hold at once.

E = explicit. The example Josh gives is not couching your directives in the form of a question, "What are your thoughts on?" or "Is there any value in...?" Just say it straight out, "I think we should do X, then Y." Now don't get confused here. This isn't when you're asking questions in jury selection. At that point, you're SEEKING information. This is for when you're SENDING information. Try this with your team, and with your staff. Know the directive and say it explicitly.

A = allow processing time. If i've said it once, I've said it a thousand times. haha! The pauses and the silences you provide are critical. Not only that, but they are ACTION-packed. YOU might not be doing anything but breathing (which you SHOULD be doing), but your jurors are processing. If they've gone silent, don't just assume that they need you to re-ask the question. More likely than not, they are just processing it. They heard you the first time, and now they need a minute to assimilate, translate, relate, and form their response. Give that to them. I KNOW the silences feel like an eternity to you, but you have to trust that they are not being difficult and just get comfortable in the quietude. If you want a refresher, go back to Episode #63 - What Jurors Actually Think When You Pause. And we’re going to talk more about this in a minute—because this skill alone will change how you’re perceived in the courtroom.

And finally, we have R = recap. Give some good summary statements. You gave (or should have given) some context statements at the start of sections so they have some kind of roadmap for the case and how to be thinking about it. But then give them some good recaps to assimilate all they heard and make sure there aren't any gaps in how bits of information relate to each other.

Now, if you're thinking, "I wouldn't necessarily identify myself as neurodiverse, but those things sound helpful to me too," I'd say..."yeah." Turns out regardless of learning styles, regardless of if you identify as an autistic person or have diagnosed ADHD, these are just good teaching and leadership tactics. These aren’t just accommodations—they’re effective communication strategies. And when you communicate this way, you don’t just present your case—

you make it accessible.

I'd love to hear from you if one of these stands out as particularly helpful or something that you're going to try implementing. Let me know. Let's ALL keep doing better at learning about neurodiversity, and equipping ALL of our jurors to be successful in the courtroom and beyond.

—BREAK—

Okay, I've got some questions for you...

How long can you sit in silence? Do you ever do this? Just sit. Do nothing. Say nothing. Just allow yourself to be in a silent moment. Is it comfortable for you? Or are you someone that needs to have music on, or a podcast playing in the background, or an audiobook in your ear all the time?

Now, how about when you're with other people? or even just 1 other person? How do you do with silence then? Does it change for you? Can you comfortably just share space with someone without exchanging words or making any kind of conversation? Who is the first to say something? Is it you, or can you wait until the other person breaks the ice?

It'd be a worthwhile experiment for yourself. Test it out. Next time you get in your car...can you try driving in silence while you make your commute or run your errands? What do you think will happen?

I'm not advocating for you to cut out all social interactions or eliminate music or podcasts (obviously, i want you listening to MY podcast. haha!). I'm simply saying that if you have discomfort when you test it out, it would behoove you to challenge yourself into getting more comfortable.

Okay, but WHY?

There is power in silence.

When you can stand in the quietude and just BE...? It increases your authority. It demonstrates that you're comfortable in yourself, in your physical being, in taking up space, and that you believe that you are enough to fill that moment. When you can cultivate this type of comfort for yourself, you become a person that people listen to. People who use words wisely, intentionally, bring more power to the things they DO say, as opposed to someone who uses a lot of words to fill up the space.

In your life, just right now see if you can bring to mind, both someone who talks a lot AND someone who uses words sparingly. Now, I'm not suggesting that someone who talks a lot doesn't also have important things to say. BUT, if you had to evaluate which of the two holds more authority, and therefore, more sway in your estimation, is it the one who is verbose or the one that is succinct & concise?

The other powerful thing with silence is that if gives whoever you're talking to time to do one of three things.

First, it gives them time to process what you've said or asked. They need to be able to hear you, and then internalize it, and relate to it, and anchor it into their core knowledge bank, reframe it into their own language and then craft their response. That takes a moment.

I talk a lot about that in other episodes. It's just how neuroscience works.

But the other 2 possibilities are pretty interesting.

SO the 2nd thing is that it gives whoever your talking to time to decide if they have more to offer. In voir dire, this is where most attorneys lose valuable information. They step in too quickly—before the juror has finished thinking.

Think back to how you answered the questions I asked earlier about if you're comfortable in silence. If your potential jurors aren't comfortable in silence, and if you can just WAIT, THEY will fill in the gap. THEY will offer clarification to their response to your question, or amend it, or expound on it, and all of that is potential juror GOLD for you! You'll get access to richer material, and prompts that will set off other juror conversations. But you HAVE to wait, or you'll miss it.

And the 3rd thing that silence does, with a slight nonverbal shift (a tilt of the head, or a raise of the eyebrows), you can let your opposition's witness or your deponent just reckon with what they just said, and how "caught" they are in conflicting information. That silence and that look sometimes heightens the awkwardness factor, and if you're patient, they'll scramble. They'll start OVER-sharing, maybe backpedaling, but it'll all be on the record. Just let them walk into it and try to talk themselves out.

This takes some practice. ESPECIALLY if you said earlier that it's not super easy being in silence. Practice pausing instead of filling the space. See what else can fill that space instead of your voice. Because when you stop filling every moment with words—you make space for impact.

Until next week, keep fostering your voice.