The operator says “Calm down. I can help. First, let's make sure he's dead.”
There is a silence, then two gunshots are heard. Back on the phone, the guy says “OK, now what?”
The first time you hear that joke, it's hilarious. The second time, it's still pretty funny. By the third time, however, it starts to lose its luster. That's the danger of repetition. Yet despite the danger, nearly every trial lawyer I've ever met lives by some variation of this theme: “You've got to repeat your most important fact three times before the jurors will remember it.”
Indeed, it's true:
Repetition makes it easier for jurors to remember important details.
Repetition makes it easier for jurors to remember important details.
Repetition makes it easier for jurors to remember important details.
Every trial lawyer knows that repeating information makes it easier for jurors to remember. However, experienced trial lawyers also know that just because something is important once, that doesn't necessarily mean anybody wants to hear it again.
That's the paradox of repetition. Repetition helps us remember, but it can also bore us to sleep. As the trial lawyer, your goal is repeat the information often enough that your jury remembers it, but without putting them to sleep. Here's the good news: You can repeat repeat important information without boring your jurors, just so long as you follow a few simple guidelines.
First, modify each repetition. Unmodified repetition is a surefire cure for insomnia. The repeated information needs to be different than the first version. You can't simply repeat it, because that's not only boring, it's condescending. Basically, unmodified repetition tells your jurors, “You dummies probably didn't get this the first time, so I'm forced to repeat it for you.”
To avoid that problem, make sure that your second iteration differs from the first. For example, if you made your first point with oral direct examination, consider making your second repetition with a different medium, such as a demonstrative aid, video testimony, or a physical exhibit.
Second, repetitions need to get better. Each version should increase in strength. Start with your weakest iteration. Each successive repetition should be stronger, otherwise we lose our interest. For example, you could start with the verbal testimony, then add the photo, then add the demonstrative exhibit. Or you could start with the tamest descripttion, and progress towards the strongest and most visceral descripttion. You want to increase the intensity. If you start with a 10, your next witness can't be a 9, because even though normally a 9 might be great, it doesn't work in this situation.
