08.12.26

Humanizing Your Corporate Client in Front of a Jury

Juror bias against large corporations is one of the many challenges we face as defense attorneys at trial when defending corporate clients. The belief that corporations are nothing more than profit-driven and indifferent. As counsel, it is our job to help the jury look beyond the corporation’s tough exterior and recognize the human beings behind it—to put a face to the name. The goal is not to make the corporation seem perfect, but to make it relatable, responsible, and composed of real people trying to do the right thing.

Put a Human Face on the Company

Jurors may not be able to relate to a corporate entity, but they can relate to people. Whenever in the presence of a jury, ensure that a person is present a counsel table. The corporate representative for trial is key and that representative will become the face of the company. It is important to choose the right corporate representative.

The ideal representative should be personable, communicate in plain language, display genuine concern, avoid sounding rehearsed or defensive and have the knowledge and experience to answer the questions confidently. A knowledgeable but arrogant witness can do more harm than a less polished witness with authenticity.

Coach your corporate representative, have them appear in their designated uniform, if there is one, dressed neatly and polite at all times. Introduce the company’s representative early and often. Jurors often decide whether they trust a witness long before they evaluate the technical details of the testimony.

Highlight the employees who perform the daily work at issue. If possible throughout the trial, emphasize how the company is made up of individuals with jobs, families, and responsibilities. As a practical tip, use names rather than repeatedly referring to “the corporation” or “the defendant.”

Highlight the Story Behind the Corporation Itself

Every company has an origin story so use it whenever possible. Find a way to provoke an explanation from a company witness as to why the company was founded, what problem it sought to solve, and the values that guided its early decisions. When jurors hear these stories, the corporation becomes more than just a rich, legal entity. Your corporation begins to be seen for what it actually is, i.e. a group of people working together to make a better community, with a common purpose and a goal, not just for profits but for good.

Bring Employee Witnesses to the Forefront as Representatives of the Corporate Culture

Employees are often the most credible narrators of the company’s priorities. Highlighting team members who genuinely care about their work allows jurors to see the company’s human side. These individuals carry the values of the organization, and their testimony can dispel assumptions that corporate decision‑making is cold or detached. Their lived experience provides an authentic counterweight to stereotypes about corporate indifference.

A practical tip would be to use visuals featuring people. Images showing actual operations with actual people help the jury to relate and understand.

Emphasize the Company’s Responsiveness and Commitment to Continuous Improvement

Jurors often want to know one thing: What did the company do when something went wrong? Demonstrating that the corporation engaged in a meaningful review, implemented new safeguards if it will not undermine the liability defense, retrained or added to its training of employees, or updated policies helps jurors see that the company takes its responsibilities seriously. This narrative of accountability and growth reinforces the company’s credibility and shows that it is not rigid or careless, but dynamic and conscientious.

The focus can be on reasonableness, not perfection. Jurors do not expect perfection. The expectation is that the employees and therefore the corporation acted reasonably based on the information available at the time. Reasonableness is generally more persuasive than claiming flawless conduct.

Credibility can be built through concessions. Jurors trust parties when they concede obvious points. To gain trust of the corporation, acknowledge undisputed facts, admit minor mistakes if appropriate, simply avoid fighting every issue, when possible. The jury would come to the obvious conclusion on their own so use it to gain credibility for the corporation.

Translate Corporate Procedures Into Human Terms Highlighting Safety and Responsibility

Corporate policies can sound sterile when described in technical language. Instead, frame these procedures as reflections of human values. Demonstrate that the company has systems designed to protect people. Discuss the training programs, the actual safety and maintenance protocols and employee education. Focus on how the safety protocols are designed to protect families, quality checks are meant to ensure reliability, and training programs are designed to instill respect and empathy throughout the corporation. When jurors understand why a procedure exists, they are more likely to view it as the product of thoughtful decision‑making rather than bureaucratic box‑checking. Present these as genuine efforts to protect people, not merely compliance requirements.

Avoid using corporate language like referring to “risk management initiatives” or “operational protocols”. Jurors tend to distrust legal and business jargon. Consistent efforts to humanize the corporation require the use of plain language, for example, refer to safety checks, employee training, written procedures. Simple language sounds honest.

Weave Empathy Throughout the Defense Narrative

Empathy does not have to be limited to the plaintiff’s side of the courtroom. Corporate clients can express empathy with sincerity through their representative, their witnesses, their counsel and through their trial strategy. Acknowledging the plaintiff’s experience, the Plaintiff’s injuries, and communicating the company’s dedication to doing the right thing builds trust. One of the quickest ways to alienate a jury is to appear indifferent. Therefore, where appropriate, counsel and the corporate witnesses can acknowledge that the Plaintiff experienced an unfortunate event, to the extent this can be done without admitting to liability. It is counsel’s job to emphasize the need to separate sympathy from responsibility whenever the opportunity presents itself.

A practice tip would be to assign emotion to the corporation and use terms that show care and concern, whenever possible. Focus on the company’s business, its customer experience, policies in place that show care and concern for its customers.

Express empathy and the company’s positive intentions whenever possible. When jurors believe a corporation genuinely cares, they are more willing to evaluate the evidence without the filter of anti‑corporate bias.

If possible and relevant, demonstrate the company’s role in the community when hiring local employees, serving local customers, long-standing presence in the community and community partnerships. Show how this is not a faceless corporation, this is a group of people who live and work in the community.

Ultimately, successfully humanizing a corporate client is not about asking jurors to overlook the facts or disregard an injured plaintiff. Rather, it is about helping jurors see the company for what it truly is: a collection of people who come to work each day, strive to do their jobs responsibly, and make decisions based on the information available to them at the time. When a corporate defendant is presented through the actions, values, and testimony of the individuals who comprise it, jurors are more likely to evaluate the case on the evidence rather than preconceived notions about corporations. By emphasizing authenticity, responsibility, and reasonableness, defense counsel can build credibility and place the focus where it belongs, on whether the company acted reasonably under the circumstances and whether the evidence supports the claims being asserted.

 

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