Virtually every decision we make is dictated by one subconscious but universal need: to feel good about ourselves.  Whether we're making major life decisions (what career to pursue; what house to buy; whom to marry), or are simply making everyday choices (which suit shall I wear?), we are subconsciously satisfying our need to be able to look ourselves in the mirror and feel good about who we see.  

Of course, we think we're basing our decisions on rational thought and clear-eyed intellectual evaluation.  We even tout product benefits and features as proof. But psychologists--and advertisers--know better. Madison Avenue regularly exploits our emotional needs in order to seduce us into buying all kinds of things we don't physically need, perhaps can't afford, but just have to have.  

In court, judges and jurors are ruled by emotion too. No matter how objective they vow to be (and no matter how high the “mountain of evidence” you build), in the end, a judge will rule, and jurors will vote, not with their heads, but with their hearts. Both may quote the law, cite the facts, or tout the evidence as justification, but they will find for your client only when they can feel good about themselves in doing so. The process is largely subconscious, but self-interest trumps intellect every time.

Conceptual graphics are designed to capaitalize on that viewer self-interest. They do so by strategically exploiting the viewer's worldview.  

A worldview is the sum total of all the beliefs, prejudices and attitudes a person has accumulated over a lifetime. It is the prism of preconceived notions through which a person perceives reality, the mindset with which he/she travels through life. While each person's worldview is a function of his/her cultural, socio-economic, educational, religious, and racial background, psychological make-up, and life experiences, there are many widely held beliefs that people share.  

When your case story and your graphics reinforce, confirm or validate what jurors already believe, your odds of winning increase dramatically.  The trick is in knowing exactly what fact finders believe relevant to the specific issues in your case.

If you’re facing a bench trial, you must research prior rulings (or discreetly poll court personnel), to gain insight into the judge’s point of view on your type of case. If you’re facing a jury trial, formal jury research is the best way to determine jurors’ worldviews. Research is indispensable in complex civil litigation, but is advisable in simpler cases too. Many a litigator has lost a case assuming that jurors’ beliefs mirrored their own.

Whether you do formal research, or rely on your instinct and experience instead, winning hinges on your ability to identify which commonly held belief "trumps" another in fact finders' minds.  

For example, in a criminal defense case, jurors who believe that "Murder is morally wrong" might still acquit because they more strongly believe that "Accidents happen," "Love makes us do foolish things" or that "Insane people can't be held accountable for their actions."  

Once you've determined your fact finders' beliefs, Conceptual Graphics can capitalize on and reinforce those beliefs. 

In a patent infringement case, for example, the verdict might hinge on jurors' ability to comprehend the Doctrine of Equivalents. If you take the Reiterative approach and merely state the doctrine itself, certainly some of the jurors will get the message. 

Translate those words into an image that exploits a commonly held belief, however, and jurors will not only "get" the message, they will more likely adopt it as their own.  

Conceptual Graphics need not always be so explicit to be effective. They can be just as powerful when their underlying themes are not stated, merely implied.

In a medical malpractice case, for example, it was imperative that jurors realize that a baby's cognitive and physical deficits may not have been caused by doctors' mistakes. The graphic below reinforced the commonly held belief that there is usually more than one way that something can occur ("Many roads lead to Rome"), and opened jurors' minds to the possibility that Mother Nature, not the doctor, was at fault.