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In our last blog, the discussion focused on “Slaying the Reptile” or dismantling a plaintiff attorney’s reptile theory arguments. Doing so paves the way for the defense attorney to give the GOOD news about the plaintiff. Once the jurors are not under the tight grip of fear implanted by the reptile theory, they will be more willing to listen to the defense’s understanding of the plaintiff.

By highlighting the positive things in the plaintiff's life, a defense attorney can balance the sympathy the jurors may have for the plaintiff with any potential anger that they may have for the defense client. This article explains why defense attorneys should talk about the positive things in the plaintiff's life and how they should incorporate this into their next trial.

In Chapter Ten, Tyson shares that he knew there “was no one particular statement or PowerPoint slide that gave away the secret to arguing damages. It was a mindset, a disposition.”¹ But, how can you overcome the impact of the jurors hearing that “Literally everything that has gone wrong in the plaintiff’s life is related to your client’s accident, or termination, or bad advice.”² While we know that is rarely the full picture, it is up to you to show the other side of the story. 

How does Tyson suggest giving the whole picture of the plaintiff to the jury? Share the “Good News” about the plaintiff and develop a defense theme around the positive story about “triumph and perseverance and overcoming tragedy.”³ This does not mean that counsel should attack the plaintiff’s narrative, but you must shift the focus. Defense counsel can take the testimony of plaintiff’s strong independence before the trial to show the jurors her strength after the accident. 

Albert Schweitzer, a German physician and Nobel Peace Prize winner, was right when he said “Happiness is the only thing that multiplies when you share it.”⁴ When we share good news, something more is gained than the mere relaying of the news itself. The collective acknowledgment of your good news creates bonds of intimacy that deepen relationships.⁵  This bond with the jurors will help establish your position as the trusted leader in the courtroom. 

Here are the top 5 Ways to “Spread The Good News” with your jury:

1. Show compassion and caring:

Avoid attacking the plaintiff.  It is important to approach the “Good News” strategy carefully and tactfully. Obviously, you should avoid attacking the plaintiff, as this could backfire by making the jurors more sympathetic to the plaintiff. You want to show the jurors the complete picture of the plaintiff without minimizing the plaintiff. Do not be “cavalier or dispassionate about another’s plight in life.”⁶

2. Focus on the facts that are grounded in the plaintiff’s actual loss:

By presenting the facts compassionately, you will help the jurors understand the fuller picture. The objective here is to get the jury to see that plaintiff counsel “will look like he is simply focused on getting his client as much money as possible, not what is fair and reasonable."⁷ Give the jury some concrete examples of why the defense’s numbers are fair and just, ensuring that they are doing justice to all parties involved. 

3. Highlight the plaintiff's achievements and resilience:

Defense attorneys can highlight the plaintiff's achievements, such as educational degrees, job promotions, or community service. If the plaintiff has overcome challenges in their life, such as an illness or a difficult upbringing, defense attorneys can highlight the plaintiff's resilience and ability to overcome adversity. This can help show that the plaintiff is a strong and capable person.

4. Emphasize the plaintiff's support system:

If the plaintiff has a strong support system, such as family or friends, defense attorneys can highlight the positive role these individuals play in the plaintiff's life. This can help show that the plaintiff is not alone and has people who care about them. Show how the award of the defense’s numbers can also help the plaintiff’s loved ones. What did the plaintiff enjoy doing with her family before the accident? Showing how your numbers will accomplish the intended goal of compensating the plaintiff more fairly and reasonably than the plaintiff counsel’s number is key to making the “Good News” work. 

5. Be creative.

Defense counsel must ensure that the jurors are “well-equipped to do the right thing with their verdicts.”⁸ Figure out what the plaintiff needs “to have a better life” and then, demonstrate what that would look like for him. Simply, show “how your suggested dollar amount will make this plaintiff whole.”⁹ Look to recent medical advances or new technology that could assist the plaintiff in his recovery. 

In conclusion, talking about the positive things in the plaintiff's life can be an effective strategy for defense attorneys to show jurors the “Good News” about the plaintiff. Additionally, this positive view of the plaintiff can mitigate juror anger and cause them to reasonably discuss damages: "The jury wants to know the money they are awarding to an injured or disenfranchised plaintiff is going to be well spent and will have a meaningful and positive impact on her life.”¹⁰ By avoiding personal attacks, focusing on the facts, highlighting the plaintiff's achievements, showing their resilience, and emphasizing their support system, defense attorneys can lower the empathy the jurors may have for the plaintiff and help mitigate any potential damages. Of course, this strategy should be approached carefully and tactfully to avoid any potential backlash or unintended consequences.

Want more insights from First Court’s experience with jury verdicts? Check out our blog series on LinkedIn where we delve into Robert Tyson’s ten points one-by-one, drawing from the advice in his book while combining the thought leadership of prominent plaintiff and defense attorneys who have experienced both sides of a nuclear verdict. Keep an eye out for our upcoming article on Voir Dire, the seventh in our series about addressing “nuclear verdicts.”

Recent Articles by Our First Court Team:

Every Trial Argument Needs a Theme - Here's Why & How to Create One

Always Give a Number, Defense Counsel!

How to Avoid “Nuclear Verdict” Nightmares

Top 3 Ways Plaintiff Attorneys Ensure Nuclear Verdicts

A Trial Lawyer’s Guide to Serving Red Herring

About the Author:

Kristi Harrington is a trial consultant with First Court, Inc. As a retired circuit court judge, Kristi presided over hundreds of jury trials. Kristi is a Distinguished Visiting Professor and former Director of Advocacy at Charleston School of Law.

1. Tyson Jr., Robert F. Nuclear Verdicts: Defending Justice for All (Law Dog Publishing, LLC., 2020), p154.
2. Tyson Jr., Robert F. Nuclear Verdicts: Defending Justice for All (Law Dog Publishing, LLC., 2020), p157.
3. Tyson Jr., Robert F. Nuclear Verdicts: Defending Justice for All (Law Dog Publishing, LLC., 2020), p158.
4. Seppala, Emma. “Share Your Good News, and You Will Be Better Off.” Scientific American, December 25, 2012. https://www.scientificamerican.com/article/share-your-good-news-and-you-will-be-better-off/. Share Your Good News, and You Will Be Better Off - Scientific American.
5. “The Challenges (and Benefits) of Sharing Good News.” Psychology Today. Accessed May 19, 2023. https://www.psychologytoday.com/us/blog/when-care-meets-love/202001/the-challenges-and-benefits-sharing-good-news.
6. Tyson Jr., Robert F. Nuclear Verdicts: Defending Justice for All (Law Dog Publishing, LLC., 2020), p161.
7. Tyson Jr., Robert F. Nuclear Verdicts: Defending Justice for All (Law Dog Publishing, LLC., 2020), p162.
8. Tyson Jr., Robert F. Nuclear Verdicts: Defending Justice for All (Law Dog Publishing, LLC., 2020), p164.
9. Tyson Jr., Robert F. Nuclear Verdicts: Defending Justice for All (Law Dog Publishing, LLC., 2020), p161.
10. Tyson Jr., Robert F. Nuclear Verdicts: Defending Justice for All (Law Dog Publishing, LLC., 2020), p159.