The Perkins Coie Podcast Series: Bullet Points Are Killing Your Persuasion

This article is part 5 of our continuing series (parts 1, 2, 3, 4, and 5 are here)  highlighting our conversation on the Persuasion Occasion podcast with Perkins Coie. In earlier installments, we discussed why fear often persuades more effectively than logic, how simplifying your opening statement strengthens your case, and how to overcome juror confirmation bias. If you missed those articles, be sure to check them out on the Persuadius blog. You can also listen to the complete podcast episode on Spotify for the full conversation.

One of the questions Jasmine Wetherell of Perkins Coie (now Ashurst Perkins Coie) asked during the podcast was one we've been answering for years.

"Why are you so against bullet points?"

The short answer?

Because they kill persuasion.

That may sound like an exaggeration, but after helping lawyers prepare thousands of opening statements over the past three decades—and after writing about this topic for more than fifteen years—we're more convinced than ever that text-heavy PowerPoint slides are one of the biggest obstacles to effective courtroom communication.

The Jury Should Never Have to Choose Between Reading and Listening

Imagine you're standing in front of a jury.

You display a slide with six bullet points.

As soon as the slide appears, every juror makes a decision.

Should I read the slide?

Or should I listen to the lawyer?

Unfortunately, they can't do both very well.

Psychologists call this the split-attention effect. When people are forced to divide their attention between reading text and listening to someone say essentially the same thing, comprehension drops. Memory drops. Persuasion drops.

The irony is hard to ignore.

The slide you created to reinforce your argument often becomes the very thing that distracts from it.

People Read Faster Than You Speak

There's another problem.

Most people read substantially faster than conversational speech.

That means your audience finishes reading your slide long before you've finished talking.

Some jurors start rereading.

Others stop listening.

Some begin studying the next exhibit or thinking about something entirely unrelated.

You've surrendered control over the pacing of your own story.

Great trial presentations don't do that.

A Slide Should Never Say What the Lawyer Is Saying

Over the years, we've distilled our philosophy into one simple rule:

A slide should never say what the lawyer is saying. It should show what the lawyer is saying.

That's the difference between an effective demonstrative and a glorified set of speaker notes.

If you're explaining a timeline, show the timeline.

If you're discussing financial losses, show the chart.

If you're describing dangerous conduct, show the evidence.

If you're telling the jury someone behaved like a predator, don't write five bullet points explaining why.

Show an image that instantly communicates the concept.

The lawyer tells the story.

The visual reinforces it.

Each has a different job.

The Best Presenters Already Know This

Watch outstanding presenters outside the courtroom.

Consider Steve Jobs introducing a new Apple product.

His slides rarely contained paragraphs of text.

Often they contained a single photograph.

A single word.

Or no words at all.

Why?

Because he understood something trial lawyers often overlook.

When the audience is watching the speaker, the slides shouldn't compete for attention.

They should amplify the message.

There's no reason opening statements can't follow the same principle.

What Should You Do Instead?

If you're tempted to fill your next opening statement with bullet points, consider these alternatives instead:

• Use a compelling photograph.
• Show the actual evidence.
• Replace paragraphs with diagrams or timelines.
• Use a short headline instead of a complete sentence.
• Let your spoken words carry the explanation while the visual reinforces the story.

Your slides are there to make your argument easier to understand—not to become the argument themselves.

We've Been Saying This for Years

This isn't a new idea for us.

In fact, some of our earliest articles on trial graphics challenged the legal profession's addiction to bullet points. The technology has changed dramatically over the years.

The science hasn't.

If anything, modern cognitive psychology has only strengthened the case against reading text-heavy slides to an audience.

The courtroom is a storytelling environment.

Stories are remembered.

Bullet points usually aren't.

Continue Reading

If this topic interests you, we've explored it in much greater depth in these Persuadius articles:

• 5 Alternatives to Persuasion-Killing Bullet Points from Our Litigation Consultants
• Powerful PowerPoint Presentation Tips: Ditch the Bullet Points
• Still Think Persuasion Is About Talking While Showing Bullet Points?
• 12 Reasons Bullet Points Are Bad in Trial Graphics—or Anywhere

You'll also find dozens of additional articles on trial graphics, opening statements, persuasion, and demonstrative evidence throughout the Persuadius blog.

Listen to the Full Conversation

This article is adapted from our appearance on Persuasion Occasion, the podcast produced by Perkins Coie. If you enjoyed this discussion, listen to the full episode on Spotify, where we explore trial strategy, persuasion, opening statements, jury psychology, and much more.

Here is my segment on the bullet points from the Persuasion Occasion:

Need Help Preparing Your Next Opening Statement?

Persuadius has spent more than 30 years helping trial teams transform complex evidence into clear, persuasive courtroom presentations through jury consulting, litigation graphics, and trial technology support.

Schedule a complimentary 15-minute case consultation to discuss your upcoming trial.

Or email us confidentially to learn how our team can help you tell your client's story more effectively.

I have one strategic suggestion. Rather than calling this "Part 5" (or whatever the number ends up being), I'd subtitle it: