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100% aimed at 2%

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I am going to make you a bet. I will bet you that 100% of your arguments at trial hit your target only 2% of the time. This of course presumes that your target is the decision making part of a juror’s mind.

The bet also presumes that you make rational and logic based arguments that are crafted to appeal to reason. The problem with these logic based attacks is a matter of science. Science tells us that 98% of the thinking your brain does is unconscious – to you. This is called the cognitive unconscious. Moreover, unconscious thought is reflexive, automatic and at times uncontrolled – by you. It is usually beyond the control of your conscious mind. Your mind makes decisions for you are not always aware of.

Consequently, if your target is minds of the jurors, then you are using the wrong artillery. Your arsenal can only touch a tiny portion of the target. Isn’t it time to changes strategies?

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