The Most Important Juror: Embrace the Winning Story in Jury Selection, Opening Statement & Rebuttal

Most trial lawyers follow a script. The best ones write their own. In The Most Important Juror: Embrace the Winning Story in Jury Selection, Opening Statement, and Rebuttal, leading trial consultant Jesse Wilson delivers a transformative guide to courtroom storytelling rooted in his acclaimed victim-to-victor approach. Together with trial lawyers from across the country, Wilson teaches how to: "Embrace the Suck"—Forge trust and connection within the first minutes of jury selection by leaning into the toughest parts of your cases—biases, weaknesses, attacks from the defense, and your own fears Balance the science of storytelling with the art of emotional connection, and breathe new life into critical phases of trial Craft case-winning settlement and day-in-the-life trial videos Test assumptions, adopt data driven story techniques, and take an honest look at what it tells you: such as why your opening statement shouldn’t always be about the defendant’s story—and when it must be Draft and deliver opening statements that resonate and leave an impact Seed a moral argument throughout trial that will culminate in a powerful and compelling closing that empowers your jury Strike the perfect balance between creating safety and delivering an “edge of the cliff” feeling that hooks juror attention and doesn’t let it go Harness eight powerful fundamentals to discovering, and delivering, your client’s story Packed with an arsenal of transformative case insights, jury selection techniques, and communication strategies, The Most Important Juror will help you create compelling case stories, deliver powerful opening statements in trial, and maximize justice for your clients. This is your guide to becoming not just a better lawyer, but a decisive director, masterful storyteller, and a force of nature in the courtroom. … For a more detailed synopsis of the book, read the following excerpt from the Introduction below:   Chapter 1 The Victim-to-Victor Approach This chapter introduces a transformative approach to case presentation, urging you to move beyond the common and painful narrative of plaintiffs as victims and instead frame them as fighters—individuals trying to overcome their challenges and seeking recovery and joy in their lives. Drawing on research from trial scientists Alicia Campbell and John Campbell, who have analyzed over 800 civil cases and 250,000 jurors, this chapter highlights the power of this victim-to-victor strategy, which focuses on resilience and strength rather than hopelessness and suffering. While some personal injury attorneys may fear that jurors won’t take injuries seriously or that portraying strength will undermine damages, this chapter encourages attorneys to reframe the story as one of hope and perseverance, thereby deepening the emotional connection with jurors and delivering a more empowering narrative … one that doesn’t always need to begin with the defendant’s story as the data will show you. Chapter 2 Getting Yourself on Board How do you embrace the suck and turn it into creative energy that moves jurors to action? This chapter sets the foundation for the journey and the core theme of this book by preparing you—the trial lawyer—for the mental and emotional challenges ahead. It focuses on shifting your role and your mindset, viewing yourself as the most important juror, and ensuring you are ready to have the right conversation with your jurors from the outset. Key themes include the importance of vulnerability and embracing your role as the underdog that you are. In this chapter, you will learn what I mean when I describe you as the underdog. Chapter 3 From Storyteller to Director Before jury selection, this chapter will guide you through the critical shift from being a mere storyteller to becoming the director of the right story. By adopting a “character-focused” approach, you’ll lay a practical foundation for bringing your courtroom narrative to life, using timeless principles from the stage and screen to captivate jurors on a deeply visceral level. Knowing what to look for in both story and presentation is an essential tool in your advocacy arsenal. From mastering body language to understanding emotional nuance, this chapter equips you with the skills to make your stories unforgettable. By integrating these storytelling fundamentals, you’ll not only transform how you present your case but also how jurors experience it. These techniques will empower you to craft stories and moments that are not just heard but deeply felt, immersing jurors in the emotional and moral stakes of your client’s journey. Chapter 4 The First Five Minutes of Jury Selection, Part 1 This chapter also provides an in-depth analysis of the Choto case, where attorneys Brian Kim and Maureen Hennessey secured an $18.79 million verdict against McDonald’s in a slip and fall incident involving spinal injuries, despite the client’s active lifestyle and prior surgeries. Jury selection is one of the greatest challenges for trial lawyers, and this chapter will show you how to navigate and embrace, rather than merely discuss, juror bias. It emphasizes addressing fears and leaning into the discomfort of vulnerability through psychology, empathy, and strategic storytelling. Chapter 5 The First Five Minutes of Jury Selection, Part 2 The clock is ticking. Why waste a single second with your jurors by saying, “Good morning”? This chapter dives deep into the high-stakes opening moments of jury selection, where the right story you need to tell begins the instant you address your jurors. You’ll explore how to use the mini-opening statement as a powerful tool to confront and stir existing biases, as well as strike a balance between offering a sense of safety and delivering the edge-of-the-cliff feeling that invites jurors to lean in and participate actively. By embracing discomfort, delivering a compelling hook, and building an emotional connection within the first five minutes, you can set the stage for jurors to invest deeply in your client’s pursuit of maximum justice. Chapter 6 The Villain’s Victor Story in Jury Selection This chapter emphasizes the importance of understanding and embracing the defendant’s victor story—how they want to be seen and judged by the rest of the world (and justify their actions). By letting the villain tell their own story, you allow jurors to see the greater villain emerge without having to fight for it. Additionally, this chapter, coauthored by my brilliant friend, Jacqui Ford, delves into how understanding the villain in yourself will help you better connect with your jurors and have the right conversations in jury selection that gets you on target. Chapter 7 Opening Statement In this chapter, the concept of the dead body in the water is used to describe the importance of addressing and embracing defense bias early in the trial. By confronting the toughest challenges head on, you create a powerful opening narrative that sets the tone for the trial. The chapter also includes an analysis of the successful case against McDonald’s, exploring how to dismantle bias effectively and immediately in the opening statement. Chapter 8 The Power of Joy in Opening Statement Joy is a powerful and often underestimated emotion in trial work. This chapter explores how to harness joy as a high-activation emotion to create an engaging and compelling opening statement. By focusing on what you want the jury to feel, you’ll learn how to guide them emotionally toward your desired outcome. The chapter also looks at the risks of underutilizing joy and the impact of not fully connecting with the jury’s emotions. Chapter 9 Tell It Like a Movie Stop staring at your jurors! Constantly locking eyes with jurors is an outdated approach—much like the old notion that every opening statement must start with the defendant’s story. This chapter draws on screenwriting, directing, and staging techniques to help you craft your case with the emotional clarity and impact of a compelling film. Step into the role of a screenwriter and learn how to replicate the same powerful connection in the courtroom that audiences experience in movie theaters—without relying on constant eye contact as your lifeline. In this chapter, you will learn how to trust the story you’re telling to resonate deeply, allowing you to redefine trust and engage jurors with greater confidence. Chapter 10 The Victor on Video We continue into one of the most important pieces of evidence you’ll use at trial: Day-in-the-life videos. Traditional day-in-the-life videos further the goal to tell a client’s story in a way that garners sympathy. But these videos often do more harm than good: portraying your injured client as helpless and pathetic merely gives your jurors reasons to pity them. In other words, they undermine everything the victor story is designed to do! With guidance from my friend Steve Benedetto, this chapter will give you the tools to reject this convention and stop making day-in-the-life videos that undermine your case. We will show you how to craft videos that advance your compelling victor story and emotionally engage jurors, maximizing the impact of visual storytelling in the courtroom. Chapter 11 The Knockout Rebuttal Rebuttal? What?! Wait a minute, Jesse, you had me at jury selection, opening statement, now rebuttal? It reminds me of the scene in the movie The Princess Bride when Prince Humperdinck impatiently orders the clergyman, “Skip to the end!” But here’s the thing: nobody really talks about rebuttal, and that’s a big problem. It’s often an afterthought. In conversations with a number of my attorney friends, I realized something critical: Why even think about jury selection or opening statement if you’re not planning how you’ll land the plane in rebuttal? Rebuttal is where you make your final connection with the jurors through the moral framework of your case. Entire volumes are dedicated to the form and structure of closing argument. But good luck finding more than a few pages on the pivotal role rebuttal plays in a trial. I believe that’s a mistake. This chapter will show you how to structure your moral argument from the very beginning (the seed), tying it to the values (and values tested) and principles jurors care about. By embedding those values into your case, and connecting with the jurors personally, you transform rebuttal into a powerful moral journey—one that calls on jurors to deliver justice for your client … and to see themselves as your client. From the seed to the harvest. True alignment at work.