No Red Herrings Here: Why Plain Language Wins At Trial

Trial lawyers spend significant time refining themes, witnesses, and arguments. Yet even a strong case can lose momentum when jurors do not understand the language being used. As seen in real and mock proceedings, attorneys often overestimate jurors' familiarity with commonly used legal and business terminology.

When Common Language Isn't So Common

During a mock trial(Opens in a new window) involving a Manhattan jury pool, one attorney referred to a “red herring,” a phrase we have heard countless times before mock and trial juries. It never dawned on us that the term might confuse them. In this instance, our research team(Opens in a new window) asked jurors to define the phrase in their own words. The results revealed a substantial gap between attorney assumptions and juror understanding.