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

Jesse Wilson
$135.00

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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

Details

Paperback: 346 pages; 1st Edition (2025); ISBN: 978-1-951962-48-7

Publisher: Trial Guides, LLC

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
  1. The Victim-to-Victor Approach: When the Data Doesn’t Lie
    1. What Does “Hero” Mean?
    2. How Pain Fits in the Story
    3. How Do You Choose to See Your Witness?
    4. Ask the Movie Question
    5. Victim-to-Victor Framing—the Data Doesn’t Lie
    6. The Testing Methods
    7. What the Data Shows
    8. Breaking the Rules: How Victim-to-Victor Turns Trial Science on Its Ear
    9. Data-Driven Storytelling: When Starting with the Plaintiff Wins
    10. The Wrap-Up
  2. Getting Yourself on Board: Be the Underdog That You Are
    1. Act 1: Make It Personal
    2. Own Your Role
    3. Changing Your Role
    4. Listening to the Voices
    5. Change the Relationship to your Jurors: The Four Steps of Jury Selection
    6. Michael Jordan’s the Last Dance
    7. Making It Even More Personal
    8. The Wrap-Up
  3. From Storyteller to Director: Eight Fundamentals of Breakthrough Communication
    1. The Lawyer as Director
    2. The Eight Fundamentals
    3. Fundamental 1: The Most Important Juror—Yourself
    4. Fundamental 2: From Victim to Victor
    5. Fundamental 3: Flip the Script—the Value of Conflict
    6. Fundamental 4: The Crossroad—the Power of Choice
    7. Fundamental 5: The Surface & Beneath the Surface
    8. Fundamental 6: The State before the Story
    9. Fundamental 7: The Power of Nonverbal Communication
    10. Fundamental 8: Find the Greater Story
    11. Examples from Stage & Screen
    12. The Wrap-Up
  4. The First Five Minutes of Jury Selection, Part 1: The Difference between Talking about Bias and Embracing It
    1. The Story of You
    2. Embracing the Bias Versus Talking About the Bias
    3. Embracing the Bias Course Correction
    4. The Choto Case: The Beginning
    5. Jonathan Choto’s Victor Story
    6. Bringing You to Your Trial Story
    7. The Sound of Silence
    8. Back to the Golden Arches
    9. The Wrap-Up
  5. The First Five Minutes of Jury Selection, Part 2: The Mini Opening Statement
    1. Back to Your Story
    2. The Clock Is Ticking … Stop Saying “Good Morning”
    3. Breaking Down the Mini Opening Statement
    4. Mini Opening and Three Rules
    5. Rule 3 (Speak Up): Effective Communication >among Medical Staff
    6. Integrating the Three Rules into the Case Narrative
    7. Mini Opening Is Everything You Say
    8. The Wrap-Up
  6. The Villain’s Victor Story in Jury Selection: Going Deeper into the Suck
    1. Act I: The Villain in You 
    2. Act II: The Villain’s Victor Story—The Crossroad of Character 
    3. Act III: Making the Jury Connection
    4. The Wrap-Up
  7. Opening Statement: The Dead Body in the Water
    1. The Power of the Body in the Water
    2. Storytelling Approach 1: “Introducing the Client”
    3. The Power of Not Telling the Victor Story in Opening 
    4. The Wrap-Up
  8. The Power of Joy in Opening Statement: Blowing Up the Balloon
    1. Tapping into the Emotional Wheelhouse
    2. The Three-Act Structure
    3. Michaelson Opening Recap
    4. Variation of Blowing Up the Balloon: The Happy Ending 
    5. “More Is More” versus “Less Is More” in Opening Statements 
  9. Tell It Like a Movie: Applying Screenwriting Tools to Your Courtroom Performance
    1. The Director Is the Witness to the Right Story
    2. Where Your Eyes Go, We Will Go
    3. See It. Feel It. Speak It.
    4. Screenwriting Tools in the Courtroom
    5. Variations of Tell It Like a Movie
    6. The Wrap-Up
  10. The Victor on Video: Leveraging the Victor Story in Day-in-the-Life Videos and Settlement Documentaries
    1. The Swimmer
    2. Video in the Courtroom
    3. A Day in Molly’s Life
    4. Limitations of Day-in-the-Life Videos
    5. The Settlement Documentary
    6. The Victor-Centric Documentary
    7. The Wrap-Up
  11. The Knockout Rebuttal: Beginning with the End
    1. Why Rebuttal Matters 
    2. The Moral Framework of Rebuttal 
    3. The Messaging Thread: Jury Selection 
    4. Inspiration for the Moral Argument: Lessons from Moe Levine
    5. Anatomy of the Knockout Rebuttal 
    6. The Special Sauce: Your Personal Story 
    7. Jurors Seeing Themselves as Your Client 
    8. The Wrap-Up 

Conclusion: The Final Wrap-Up

About the Author

What Legal Leaders Are Saying

“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.���

— David Ball, PhD, trial consultant and author of David Ball on Damages

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

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

$135.00

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:

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.

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