The Strength of Storytelling

Written by: Robert Pichta, ESi

Storytelling is a critical skill that experts must develop as a means of communicating their research, findings, and opinions to the jury. For most legal matters, attorneys rely on the experts to review case information, conduct investigations, and develop opinions based upon the expert’s work. In assessing the potential expert’s engagement, the attorney considers the expert’s background, experience, and past case work. However, storytelling, one of the major skillsets necessary for the expert’s presentation, is rarely discussed in the pre-engagement of the expert.

Storytelling provides a unique methodology to engage the human brain where strict verbal information fails to resonate with the jury. Storytelling dates to ancient times where people would share their stories around the campfire. Kenneth J. Lopez, J.D., 10 Essential Legal Storytelling Techniques for Every Litigator (March 15, 2025), http://persuadius.com/blog/10-essential-legal-storytelling-techniques-for-every-litigator. Resulting from humans’ inherent implementation of stories as a primary method for communicating, Britannica Editors, Psychology and Mental Health (September 24, 2025), storytelling provides a persuasive visual of the pending issues versus a straight and forward verbal presentation of the facts. Arne van Batenburg, what makes us believe in stories? Walter Fisher’s Narrative Paradigm (January 10, 2018), https://medium.com/@arnevb/what-makes-us-believe-in-stories-walter-fishers-narrative-paradigm.

The strength of the expert to be an effective communicator and storyteller enables the expert to present information to the jury that bridges the expert’s research, analysis and opinions with that of the jury’s need to learn and understand the facts and opinions.

Storytelling: The Purpose

Storytelling provides a means for the expert to communicate their research, analysis, and opinions in a universal language for jury members to consider. The expert develops a narrative which they deliver to the jury to provide a message that is relatable. This enables the jury members to reach an understanding of the information, research, and the expert’s opinions to educate jury members and to allow them to make a reasonable and educated decision.

A component of storytelling revolves around cognitive psychology of humans. Cognitive psychology is the study of human cognition, where information is acquired and processed by the human, and the perceptions and judgment of the message result from this acquisition. Britannica Editors, Psychology and Mental Health (September 24, 2025). Storytelling must rely on the basic understandings of how humans understand and relate to the world. Gary Miles, The Art of Legal Storytelling (June 12, 2024), https://www.linkedin.com/pulse/art-legal-storytelling-captivating-juries-winning-cases-gary-miles. To effectively develop the story, experts must consider the underlying process of how humans understand and associate with the world.

Through the implementation of storytelling, an emotional connection can occur linking the expert’s research, analysis, and opinions of the case versus a straight and technical presentation. This emotional connection forms a bridge between the expert and the jury. Jerome Bruner identified that a “message presented in a narrative format is 22 times more likely to be remembered over facts presented in isolation.” IE Law Society, Power of Narrative in the Courtroom (March 27, 2025), https://www.iestork.org/the-power-of-narrative-in-the-courtroom/.

The Inception of the Story

To be an effective storyteller, the expert must begin with integrated facts, scientific investigation, and scene details, collecting all relevant information. The expert must acquire an understanding of the case, the available facts, and the physical characteristics of the case. During the research and analysis process, the expert begins to fill in the missing information relying on their knowledge, training, and experience.

As the story begins to solidify, the expert works to develop a strong and cohesive narrative of the facts, research, and scientific analysis, with the goal of developing a factual story. From this acquisition, the expert can begin to
develop the roadmap toward their opinions, based on scene data, facts, and scientific analysis. This roadmap then becomes the starting point for their report which they carry over to their deposition and trial testimony.

Storytelling at Trial

When on the witness stand, the expert delivers their story through short narratives addressing and communicating their scientific analysis and research to present opinions to the jury in a relatable format to their daily life. The expert must be savvy enough to quickly interpret the attorney’s question, be able to formulate a direct and focused response, and deliver the narrative in a manner where the jury members can understand and relate to the message.

The narrative must rely on the fundamentals of human understanding and cognition. These fundamentals may include engaging and captivating the jury’s attention, discussing complex information in simplified fashion, building credibility and trust, enhancing memory retention, and adapting the narrative to relate to everyday life situations.

Experts must also become familiar with their jury audience and provide their narratives at a level that is commensurate with the jury. Using narratives, experts must strive to create a visual understanding and lasting image in the juror’s mind. The expert must present the narrative in a story format to captivate and retain the attention of the jury and avoid using only data or technical jargon. The narrative must be clear, concise, and descriptive enough to paint a visual representation for the jury to understand and retain, eliminating the overcomplicated and overwhelming narrative.

The expert builds credibility of their opinions with the details, research, and analysis they performed to support their narrative and allow the jury to develop a relatable visualization. Sometimes this relatable visualization may include daily activities that the jury members may have encountered in their life with facts of the case. At the expert’s disposal and with approval by the attorney, there are visualization techniques that can amplify the narrative. Using visualization, complex scientific and technical information can be presented to complement the narratives with simplicity for better comprehension and increased ability to draw references. Examples of visual aids include storyboards, still images, video and animation, site scanning and surveillance overlays, and the physical object related to the case.

The expert, in using storytelling based on their investigation, research, and scientific analysis, creates a pathway for information to be exchanged between them and the jury members to visualize and to gain specific knowledge and related information to aid them in formulating a comprehensive and educated decision.

Beyond the storytelling, the expert must consider their visual appearance when attending trial. Visual appearance assists the jury in determining the character, reliability, and capabilities of the expert. Additionally, body language when entering the courtroom and while on the stand also influences the jury as to the credibility of the expert.

Even beyond the visual appearance of the expert, the communication style of the expert is critical. The expert’s narratives must provide a strong and confident description of their opinions and communicate technical information in a non-technical manner. Further, the expert must focus their attention and responses directly to the jury and not the attorney. Making eye contact with the jury exudes confidence and increases the likelihood that their narrative will impact and bring light to the jury members.

In Summary

Storytelling is an essential skill that the expert witness must develop to effectively communicate their facts, findings and scientific research, bridging complex case facts for jurors to understand through relatable narratives. This skill enhances the persuasiveness and memorability of expert testimony.

• Importance of storytelling for experts: Storytelling engages juries more effectively than pure facts, creating emotional connections that help jurors understand and remember expert opinions. When questioned by the attorney, the expert’s narrative should be clear and concise to bring clarity to the topic.
• Elements of effective legal storytelling: Effective storytelling incorporates cognitive psychology principles, humanization, emotional appeal, and structured narratives to present facts in ways that resonate with jurors and aid comprehension.
  
• Use of visualization and presentation: Experts enhance storytelling with visual aids such as storyboards, animations, still images, and physical objects to simplify complex information. Appearance and communication style also contribute to credibility and juror engagement by avoiding jargon and relating concepts to everyday experiences.

About the Author

Robert Plichta is a licensed architect focusing his practice in the areas of construction defects, premises liability and professional liability for law firms, insurance companies, adjusters, property managers and condo/HOA associations. He is an expert in national building codes, architectural operations, construction contract administration and peer reviews among many other areas. His work includes design and construction investigations, analysis, code and ADA compliance, installation means and methods, maintenance and repair solutions of buildings and sites, building envelope failures, slip/trip/fall incidents, loading dock accidents, construction site accidents and Standard of Care.

About the IDC

The Illinois Defense Counsel (IDC) is the premier association of attorneys in Illinois who devote a substantial portion their practice to the representation of business, corporate, insurance, professional and other individual defendants in civil litigation. For more information on the IDC, visit us on the web at www.IDC.law or contact us at PO Box 588, Rochester, IL 62563-0588, 217-498-2649, 800-232-0169, admin@IDC.law.