Description
Description
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.
Author
Author
Details
Details
Paperback: 346 pages; 1st Edition (2025); ISBN: 978-1-951962-48-7
Publisher: Trial Guides, LLC
Table of Contents
Table of Contents
Publisher’s Note
Foreword
Acknowledgments
Introduction
- Embrace the Suck
- Abandon Script—The Science & The Art of Advocacy
- Moneyballing the Courtroom
- The Art of Trial
- Who Am I?
- The Chapters of This Book
- The Most Important Juror: You
- The Victim-to-Victor Approach: When the Data Doesn’t Lie
- What Does “Hero” Mean?
- How Pain Fits in the Story
- How Do You Choose to See Your Witness?
- Ask the Movie Question
- Victim-to-Victor Framing—the Data Doesn’t Lie
- The Testing Methods
- What the Data Shows
- Breaking the Rules: How Victim-to-Victor Turns Trial Science on Its Ear
- Data-Driven Storytelling: When Starting with the Plaintiff Wins
- The Wrap-Up
- Getting Yourself on Board: Be the Underdog That You Are
- Act 1: Make It Personal
- Own Your Role
- Changing Your Role
- Listening to the Voices
- Change the Relationship to your Jurors: The Four Steps of Jury Selection
- Michael Jordan’s the Last Dance
- Making It Even More Personal
- The Wrap-Up
- From Storyteller to Director: Eight Fundamentals of Breakthrough Communication
- The Lawyer as Director
- The Eight Fundamentals
- Fundamental 1: The Most Important Juror—Yourself
- Fundamental 2: From Victim to Victor
- Fundamental 3: Flip the Script—the Value of Conflict
- Fundamental 4: The Crossroad—the Power of Choice
- Fundamental 5: The Surface & Beneath the Surface
- Fundamental 6: The State before the Story
- Fundamental 7: The Power of Nonverbal Communication
- Fundamental 8: Find the Greater Story
- Examples from Stage & Screen
- The Wrap-Up
- The First Five Minutes of Jury Selection, Part 1: The Difference between Talking about Bias and Embracing It
- The Story of You
- Embracing the Bias Versus Talking About the Bias
- Embracing the Bias Course Correction
- The Choto Case: The Beginning
- Jonathan Choto’s Victor Story
- Bringing You to Your Trial Story
- The Sound of Silence
- Back to the Golden Arches
- The Wrap-Up
- The First Five Minutes of Jury Selection, Part 2: The Mini Opening Statement
- Back to Your Story
- The Clock Is Ticking … Stop Saying “Good Morning”
- Breaking Down the Mini Opening Statement
- Mini Opening and Three Rules
- Rule 3 (Speak Up): Effective Communication >among Medical Staff
- Integrating the Three Rules into the Case Narrative
- Mini Opening Is Everything You Say
- The Wrap-Up
- The Villain’s Victor Story in Jury Selection: Going Deeper into the Suck
- Act I: The Villain in You
- Act II: The Villain’s Victor Story—The Crossroad of Character
- Act III: Making the Jury Connection
- The Wrap-Up
- Opening Statement: The Dead Body in the Water
- The Power of the Body in the Water
- Storytelling Approach 1: “Introducing the Client”
- The Power of Not Telling the Victor Story in Opening
- The Wrap-Up
- The Power of Joy in Opening Statement: Blowing Up the Balloon
- Tapping into the Emotional Wheelhouse
- The Three-Act Structure
- Michaelson Opening Recap
- Variation of Blowing Up the Balloon: The Happy Ending
- “More Is More” versus “Less Is More” in Opening Statements
- Tell It Like a Movie: Applying Screenwriting Tools to Your Courtroom Performance
- The Director Is the Witness to the Right Story
- Where Your Eyes Go, We Will Go
- See It. Feel It. Speak It.
- Screenwriting Tools in the Courtroom
- Variations of Tell It Like a Movie
- The Wrap-Up
- The Victor on Video: Leveraging the Victor Story in Day-in-the-Life Videos and Settlement Documentaries
- The Swimmer
- Video in the Courtroom
- A Day in Molly’s Life
- Limitations of Day-in-the-Life Videos
- The Settlement Documentary
- The Victor-Centric Documentary
- The Wrap-Up
- The Knockout Rebuttal: Beginning with the End
- Why Rebuttal Matters
- The Moral Framework of Rebuttal
- The Messaging Thread: Jury Selection
- Inspiration for the Moral Argument: Lessons from Moe Levine
- Anatomy of the Knockout Rebuttal
- The Special Sauce: Your Personal Story
- Jurors Seeing Themselves as Your Client
- The Wrap-Up
Conclusion: The Final Wrap-Up
About the Author
What Legal Leaders Are Saying
— David Ball, PhD, trial consultant and author of David Ball on Damages“Almost as soon as we can understand words, we are attentive to and swayed by story. This is an inbred trait of the human mind and it stays with us for the rest of our lives—including our lives as jurors. Largely due to where we first heard stories, they create rapport with jurors and act as a preconstructed framework for everything jurors hear and see during the case. Good stories well told are a key that lets us into the minds of jurors. But few trial lawyers can tell good stories. And other than Jim Perdue and Joshua Karton, there’s a surprising scarcity of people who have any idea of how to teach us to create and use story in trial. Jesse’s first book opened the doors and this new one walks us through; it’s a practical, how-to-do-it guide through each element of trial. The book provides ways to fill in the story as trial progresses. Of course those fill-ins will vary trial to trial and preference to preference, but this book shows what to do whatever fill-ins you need. The book is simultaneously a primer (Storytelling in Trial for Dummies) and an advanced guide (Storytelling as Surgical Persuasion). Master Perdue’s work, try to work with Karton, and read this book along with Jesse’s first—and the insurance companies will never think about you in the same way again. Good story makes jurors want what we want. Good story rivets attention, creates motivation, and wipes the opposition off the map because the defense rarely has any story at all, much less a good one. Jesse joins the scarce few in gifting you with that ability.”
— Tim Whiting, the Whiting Law Group, former chair of the Academy of Truck Accident Attorneys, and Trial Lawyer’s College graduate“I started reading Jesse’s new book and could not put it down as I was so mesmerized by his captivating stories on the art of jury selection, opening, and closing rebuttal. Jesse magically transports you from the theatre to the courtroom in this brilliant portrayal of telling the winning story. He lays out simple principles on storytelling to use in your cases to tell the best and most impactful story of each of your client’s cases. Reading his book was like taking a journey with Jesse’s own personal experiences as an actor and one of the nation’s top trial consultants. Whether you are preparing for your first jury trial or are a seasoned veteran of the courtroom, this book will help you become a more successful trial lawyer. Period. Dot. Period.”
— James R. Haug, founding partner at Haug Barron Law Group, LLC“Jesse Wilson’s The Most Important Juror is a must-read for trial lawyers. Wilson brings his unique expertise in theater and communication to the courtroom, arming lawyers with the tools to tell compelling stories that resonate with jurors on the deepest human level. This book is not just another dry legal manual. Wilson’s engaging style and insightful observations make The Most Important Juror a thought-provoking and enjoyable read. He emphasizes the importance of abandoning the old scripts and formulas, encouraging lawyers to be like water, adapting and responding to the unique circumstances of each case. The book delves into the psychology of jurors, exploring how to understand and address their biases. Wilson emphasizes the importance of vulnerability and authenticity, urging lawyers to be real with jurors and to trust the strength of their client’s victor story. The Most Important Juror sets itself apart by focusing on the often-overlooked power of joy in the courtroom. Wilson challenges the conventional wisdom that legal proceedings must be somber and serious, advocating for the strategic use of joy to create a more engaging and compelling narrative. The power of joy that Jesse teaches was also instrumental in helping my client and trial team obtain a $30 million verdict in Dekalb county, Georgia. Wilson’s innovative approach to trial strategy, his deep understanding of human psychology, and his passion for helping lawyers connect with jurors make The Most Important Juror a valuable resource for any lawyer who wants to win in court. I couldn’t recommend Jesse’s book and approach enough.”
— Michael D. Karp, jury trial lawyer at Trial Lawyers of Wisconsin“Jesse Wilson’s The Most Important Juror is a must-read for trial lawyers. His proven methods transform tough cases into compelling stories that move jurors to act. Practical and easy to apply, the methods in this book will revolutionize how you connect with jurors and win cases.”
— Ken Behrend, participated in over 100 jury trials and argued over 60 appellate arguments, including the key case defining insurance bad faith in Pennsylvania and almost single-handedly developed the Pennsylvania Consumer Protection Law“Building on his first book, Jesse takes us deeper into the trial skills necessary to tell a compelling and winning story. If you do not know—Jesse is a Juilliard-trained actor. He is not an attorney. Thank goodness. He thinks like your audience, the jury. He is a communication guru and a persuasion expert. More importantly to us, he has a core desire to truly help us better represent people who have been injured and face the challenging odds of getting justice. In this book, he teaches us how to direct a story that is compelling, entertaining, and riveting to the jury. Who doesn’t want to see the jury focus on the story you are presenting, while becoming disinterested and bored by the opposing counsel’s story? As Jesse says in the book: ‘It’s a powerful thing to watch what happens when trial lawyers adopt the role of the director versus the storyteller in front of their jurors.’ He provides guidance and answers to some of the toughest questions trial lawyers face: When you are directing your client’s story in the courtroom, what is the story that should be told? Who is the story about? What are the emotions and truths you want to communicate and for the jury to experience? Needless to say I have become a fan of Jesse Wilson and what he is trying to do: helping us by providing us with useful tools to better organize and present a winning case for our clients. Buy this book! You will gain wisdom, knowledge, and confidence in the courtroom, I know I have.”
— Keith Mitnik, senior trial counsel for Morgan & Morgan, author of Don’t Eat The Bruises and Deeper Cuts, and host of the Art of Outsmarting podcast“I have read Jesse’s books, and I work with him. Why? Because he and I are aligned in our core beliefs about what jurors respect and reject. Americans respect people who buck up and reject those who give up. The quickest way to lose is by whining. Jesse’s first book was about taking the whimpering out of plaintiffs. Now he is helping lawyers carry that victor’s message from the beginning of trial to the end. I will be telling all of our lawyers to read it.”
— Daniel W. Munley, founding member and past chairman of the AAJ’s Trucking Litigation Group, triple board-certified by the National Board of Trial Advocacy in Civil Trial Law, Civil Practice Advocacy, and Truck Accident Law, member of the Board of Regents for the Academy of Truck Accident Attorneys, and has multiple eight-figure settlements“In his first book, Jesse’s victim to victor theme is so simple and yet when delivered correctly, so powerful that it is genius! Jesse’s second book will teach the value of YOU being the underdog (and what that actually means and looks like), and how to turn that into the most valuable asset in your case. I have been practicing law for almost thirty years and working with Jesse for more than five years. I can honestly say this book and Jesse’s advice have been transformative in my career as a trial lawyer. I was very excited to learn that he was going to write this book. I am confident that you will agree.”
— Carson Runge, Sloan Firm (Sloan, Hatcher, Perry, Runge, Robertson & Smith)“I’ve frequently watched in awe as Jesse interacts with my clients, thoughtfully and with care, to reveal and understand the multiple stories (that I didn’t know about, despite my efforts) that give depth and clarity to the betrayal and harm they’ve endured. This book is no different. Jesse’s gift of seeing, feeling, and effectively communicating the emotional truth of our clients’ stories comes to life in The Most Important Juror, and gracefully reminds us why every trial lawyer representing human beings MUST abandon the cookie-cutter storytelling techniques proudly taught in law schools across the country. Jesse shows us how to play with (initially) counterintuitive story sequencing techniques that allow us to find the story that embraces the thorns of our case, successfully tells the emotional truths of our client, and motivates the jury to act. I can’t read this book and tell my clients’ stories like I used to. The Most Important Juror is a gift to every trial lawyer ready to find, see, feel, and tell the stories of their client, and, most importantly, have a jury that’s now ready and willing to do something about it.”
— Corinne M. Mullen, the Mullen Law Firm, certified New Jersey Civil Trial Lawyer and New Jersey Top Twenty Verdict“Jesse Wilson shifts the paradigm from the client as victim to the client as victor and shows you how to embrace this powerful concept in jury selection, opening statement, and rebuttal. This forever changes the lawyer’s task; the lawyer is equipped to tell the client’s story and the jury is empowered to embrace the client’s story and make it their own story of courage, grace, and strength. In so doing, our jobs as lawyers in the courtroom are elevated to champions for the client, for justice. If you want to win your case, embrace this work. It will change your work in the courtroom forever.”
— Judith A. Livingston, senior partner at Kramer Dillof Livingston & Moore and past president The Inner Circle Circle of Advocates“Jesse Wilson’s new book is a masterpiece for the trial lawyer. Beyond understanding the fundamentals of persuasion and storytelling, he lays out the tools for presenting the case and preparing witnesses in the most understandable way. No trial lawyer should ever again think that they have to recite a script handed to them by someone else. Instead, by following Jesse’s brilliant, yet easy to understand insights, we learn how to make the plaintiff’s story persuasive, enabling every advocate to present their case convincingly. This book is a must reading for new trial lawyers and the most seasoned lawyers among us.”
— Lloyd Bell, the Bell Law Firm and member of the Inner Circle of Advocates“In The Most Important Juror, Jesse shakes up traditional courtroom storytelling by encouraging trial lawyers to present our clients as victors instead of victims. He urges us to ‘embrace the suck’ and find the winning story for our trials while eschewing ‘templates’ and ‘formulas.’ His fresh approach, backed by real-world data and compelling case examples, highlights how framing clients as fighters on a journey to overcome their struggles can resonate more deeply with jurors. The Most Important Juror is packed with practical tips from accomplished trial lawyers around the country, making it a useful guide for lawyers who want to connect more authentically with their juries. This is not a book that will sit quietly gathering dust in the corner book shelf. Instead, you will dog-ear and highlight pages as you return to it frequently for inspiration on the journey to find ‘the winning story’ for each of your significant cases.”
— Michael Leizerman, managing partner of The Law Firm for Truck Safety and author of The Zen Lawyer: Winning with Mindfulness“Jesse’s compelling new book delivers actionable techniques that elevate trial advocacy to an art form. His approach is honest and powerful—embracing, rather than sidestepping, the truth of each case. Drawing from cinema and theater, he gives examples of scenes that inspire and shows how directing techniques can transform courtroom storytelling. I recently worked on a wrongful death case with Jesse that went to trial and in my client’s case in chief, I chose to call the company to complement their safety practices and called the truck driver in a soft cross that started with ‘I like you.’ The jury returned an $18.5 million consortium-only verdict for the death of a twenty-one-year-old unmarried person. This is what happens when you take the counterintuitive approaches Jesse details in his book.”
— Chris Madeksho, faculty of the Trial Lawyer’s College, Super Lawyer continuously since 2020, and multi-state trial lawyer“Jesse shares with readers what has previously only been shared with the lawyers he works with to prepare for trial. Real trials, real stories, and real application of Jesse’s powerful insights and methods. I employ Jesse’s insights in every trial and to great effect. This book will change the way you try cases. It will change your results. It will change you.”
— Tim Garvey, a Denver, Colorado, trial lawyer who has worked with Jesse many times, most recently when obtaining a $2.1 million verdict that was over 40 times the insurer’s pretrial offer“With his first book (Witness Preparation), Jesse Wilson helped us prepare our witnesses. Now with this sequel, Jesse dives deeper into his transformative victim-to-victor methods to help us—trial lawyers—prepare ourselves to tell the winning story throughout the trial. Packed with detailed explanations and real-world examples of jury selection, opening statements, and closing arguments, The Most Important Juror provides a winning formula for obtaining outsized verdicts without ever being formulaic. It deserves a spot in the library of every trial lawyer committed to obtaining full justice for their clients.”