It is no secret for attorneys that litigation can get complex. When a business (or an individual) has lived with the facts of the case for some time and knows all the intimate details and complex issues, they may be able to keep everything straight in their head. But it is important to consider whether a judge or jury will be able to do so. One key to winning disputes involving complex facts or issues is finding a way to make the key information understandable and memorable for the jury.
It is often more of an art than a science to being able to appropriately simplify a complex case without oversimplifying it and losing key information. Here are three ways, among many, that such a task can be accomplished.
When developing a complex case, it is key to have a simple, catchy, and understandable theme that the jury will remember. A theme can be a saying, phrase, or very short story that helps provide a framework for the jury to understand the evidence. It should be something that emphasizes what you think is key to your case. It paints a simple picture in the mind of the jury that adds some color to what the jury will hear. Such a theme should be presented in the opening statements and referred to in various ways and in various forms throughout the trial. As the jury hears the evidence (from either side), they will then have a point of reference to guide their analysis.