When the Jury Isn’t Listening to What You Think They Are

You think they’re listening to your words. You’ve practiced your phrasing. Your structure. Your logic. You’ve hit every key point from your outline. But something isn’t landing. The room is quiet, polite—and unconvinced. Here’s the truth: jurors are listening, but not always to the story you’re telling.

They’re listening to your body. To your pauses. To your unspoken doubt. They’re listening to their own discomfort, their own biases, their need to resolve internal tension. And more than anything, they’re listening to the story they’ve already begun writing—about you, about your client, and about what kind of story they want this to be.

The Internal Movie in Every Juror’s Mind

No one comes into a courtroom as a blank slate. Every juror walks in with a lifetime of stories. Someone in their family was incarcerated. A loved one was hurt in a car crash. They’ve been betrayed. Or inspired. Or silenced. They’ve already cast characters in their imagination before the first word of voir dire is spoken.

When you begin your case, you’re not starting from zero. You’re interrupting the movie already playing in their heads. This is why storytelling in court isn’t just about your structure—it’s about finding where your client’s truth intersects with the juror’s own story. If that bridge doesn’t exist, they’ll discard your facts in favor of something that feels more coherent.

BTC Teaches You to Listen Differently

In BTC, we train lawyers to become story-mappers, not just story-givers.

This means:

  • Reading the emotional temperature of the room

  • Noticing what isn’t being said

  • Adjusting your delivery to meet resistance, not bulldoze through it

We help you practice not just how to speak—but how to land.

A Focus Group That Shifted Everything

In one focus group, a lawyer told a tight, well-crafted story. Her client was sympathetic. The facts were solid. But the jurors didn’t buy it. Why? One woman finally said:

“I don’t know… it felt like she was trying to sell me something. I needed her to just be real.”

The lawyer hadn’t said anything wrong. But her tone triggered a role projection: manipulator. And once that role was assigned, her words couldn’t break through.

BTC Isn’t About Fixing—It’s About Seeing

If you want to change how people hear your story, you first have to know what story they’ve already started telling. BTC gives you the tools to diagnose this—and to respond in role, not in fear.

 

Reflective Exercises:

Ask yourself:

1. What internal “movie” might my jurors be watching—before I even open my mouth?

Reflect on the social atoms, personal experiences, or identity roles your jurors might bring into the room. What past stories might they unconsciously cast your client or yourself into?

 

2. When have I relied too much on polished delivery—and missed the emotional undercurrent in the room?

Think of a time you performed well technically, but your story didn’t land. What signals—verbal or nonverbal—did you overlook? What story might your body have been telling that contradicted your words?

 

3. What role do I most fear being cast into (e.g., manipulator, showman, victim, bully), and how might that fear shape my delivery?

Identify your “shadow roles.” What do you unconsciously try to avoid being seen as? How does that shape your tone, posture, or pacing?

 

Subscribe to my Substack for weekly breakdowns, exercises, and behind-the-scenes strategies from BTC. https://buildingthecase.substack.com/

Leigh Johnson

Leigh E. Johnson—A Master of Storytelling in the Legal Arena

In the high-stakes world of trial lawyering, where facts clash and narratives collide, Leigh E. Johnson stands out as a guide for crafting stories that win hearts, minds, and cases. As a trial lawyer and founder of Trial Whisperer and Law Focus Groups, Leigh has dedicated her career to transforming complex legal battles into compelling human stories that resonate deeply with juries and clients alike.

Leigh’s innovative approach is rooted in action methods, which she uses to uncover the emotional core of every case. By combining rigorous analysis with creativity and empathy, she helps legal teams transform raw evidence into narratives that transcend legal jargon, capturing universal truths and driving courtroom success.

Her journey is as unique as the strategies she employs. From managing communications in military combat units to controlling airspace as an air traffic controller and even working in biotechnology, Leigh’s diverse experiences have shaped her unmatched ability to think creatively under pressure and frame the hidden elements of any story. A graduate and faculty member of Gerry Spence’s Trial Lawyers College, she has trained countless lawyers in the art of storytelling, psychology, and narrative structure.

In this book, Leigh shares the techniques and insights she has honed over decades—tools that empower professionals to create powerful, impactful stories, whether in the courtroom or beyond. Through her lens, storytelling becomes more than a skill; it becomes the bridge between facts and understanding, between strategy and victory.

Let Leigh be your guide as you explore the art and science of the story spine, a transformative framework that has shaped the outcomes of trials, leadership strategies, and lives.

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The Role You Didn’t Know You Were Playing