O R A N G E C O U N T Y L AW Y E R

by Carol L. Bauss

Generation X is no longer the newkid on the block. By now, the older mem-bers of this generational cohort areapproaching the age of 40 and have set-

tled into the workforce and started raising fami-lies. They have been exhaustively studied andevery nuance of their behavior and attitudes dis-

cussed in articles. Meanwhile, the fir s t - b o r nmembers of Generation Y, Generation Next or theMillennial Generation, as they are sometimescalled, have graduated from high school andstarted receiving juror summonses. They are the20-something person sitting in the jury boxfurtively sending text messages with an iPodpeeking out of his pocket.

Who are these mysterious and technological-ly savvy young people who are showing up in thejury box? Let’s meet Generations X and Y and try

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Generation X and Y’sI n fluence in the J u ry Box

Generation X and Y’sI n fluence in the J u ry Box

This article first appeared in Orange County Lawyermagazine in September 2008 (page 42). © Copyright2008 Orange County Bar Association. The viewsexpressed herein are those of the author. They do notnecessarily represent the views of the OrangeCounty Lawyer magazine, the Orange County BarAssociation or its staff. All legal and other issuesshould be independently researched.

to gain a better understanding of the cultural,social and political influences that have shaped theattitudes and values of these generations and thentranslate those insights into practical tips for com-municating more effectively with younger jurors.

Although various demographers haveslightly different criteria for classifying the gener-ations, for purposes of this article, Generation Xcovers people ages 27 to 41 and Generation Y cov-ers people ages 19 to 26. Together these twocohorts make up approximately 40% of the jurorst o d a y.

It is important to remember that jurors arevery complex in their decision-making anddemographics is one small piece of the puzzlethat explains how individual jurors analyze andevaluate a particular case. We know that any twoindividuals born in the same year can have dra-matically different world views based on their lifeexperiences and attitudes and that describing ageneration of people as a homogeneous grouphas limited value. Generation Y is particularlyd i f ficult to pigeonhole because they are the mostdiverse generation in history. One in three isnon-Caucasian. But while the study of genera-tional cohorts is necessarily broad-brush innature, many trial attorneys have strong opinionsabout young jurors, and a better understandingof who these people are and what may in part bei n fluencing their decision-making is instructiveand can inform trial preparation.

A snapshot of Generation XThey grew up in the 1970’s, many from split

households, the product of the highest divorcerate to date at the time. With both parents in theworkforce they were left to fend for themselvesafter school giving rise to the term “latchkey chil-dren.” Many of those hours were spent in front ofthe television. This independence at a young ageinstilled in them the values of personal responsi-bility and personal reliance.

The backdrop of nightly news included theIran-Contra Affair, the Gary Hart/Donna Rice scan-dal of the 1988 presidential election and JimB a k e r ’s resignation from his PTL empire in thewake of allegations of ethical and business impro-prieties. These scandals undermined GenerationX ’s respect for political, religious and corporateinstitutions and it is no wonder they are often char-acterized as cynical and have been found to haveless deference to authority than other generations.

They were raised by Boomer parents whovalued career, money and public recognition of

important points.P o l i t i c a l l y, they are fairly liberal, more pro-

gressive in their views regarding controversialissues like gay marriage and immigration thanpast generations. 45% believe the growing num-ber of immigrants in our country has helpedAmerican workers while, in contrast, that per-centage steadily declines with age. 33% of GenXers view immigration positively and only 23% ofBoomers see it as positive. (I d . ) Almost half(48%) of this generation identifies more with theDemocratic Party than the Republican Party(35%), moreso than any other generation, evenat this stage in life. (I d . )

One way in which Generation Y differs sig-n i ficantly from Generation X is that they are lesscynical about how government operates andabout the job political leaders are doing inWashington. Well over half of Gen Yers d i s a g r e ewith the characterization that “When somethingis run by the government, it is usually ineffic i e n tand wasteful,” while half or 55% of the generalpublic a g r e e with that statement. (I d ) S i m i l a r l y,they are not as skeptical of big business. MostGen Yers believe that business corporations gen-erally strike a fair balance between making prof-its and serving the public interest, in comparisonto 58% of older Americans who disagree. (I d . )

Gen Yers’ frequent interaction with technologyand high level of education has created strong com-munication skills. They are used to working inteams and are comfortable in a diverse crowd.C o n s e q u e n t l y, they can hold their own in the juryroom among jurors of different races and ethnicitiesand among older jurors and may play a moreimportant role on your jury than you mightassume.

What are the practical applications for litigators?

First, in voir dire, take advantage of the vastamount of information young people are postingonline about themselves. If you have the timeand the staff, Google your prospective jurors. Yo uwill be amazed at the treasure trove of informa-tion you can uncover about an individual on theInternet. In voir dire, don’t forget to inquireabout any blogs a prospective juror might writeor to which they contribute.

As a plaintiff’s attorney, beware of the “move-on” mentality expressed in employment cases.Young people are used to moving around in theworkforce, changing jobs if they are unhappy oru n f u l filled. Entitlement to a job and loyalty to an

work accomplishments. They watched thosec a r e e r-focused parents work for years for the sameemployer only to be laid off as they approachedretirement age. They lived through the recessionin the early 80’s and again in the early 90’s as theywere entering the work force. As a result, they aremore interested in trying to find a balancebetween work and family and feel no loyalty to ac o m p a n y, readily changing jobs to accommodatetheir own personal fulfillment and lifestyle. Theyare also less interested in the status associatedwith a career and more interested in making timefor recreational activities. Quality of life is theirm o t t o .

Generation X is technologically sophisticat-ed, entering adulthood just as computers and theInternet were becoming mainstream. They takein much of their information via television andthe Internet and are used to fast paced, mult i-media presentations.

A Sketch of Generation YGeneration Y shares many of the same traits

as the generation before it with some striking dif-ferences. Generation Y is the first generation tocome of age with personal computers, access tothe Internet and cell phones. Text messaging,instant messaging, and email allow for constantcommunication and broader connections withfriends and family. According to a study con-ducted by the Pew Research Center in 2006, justover half of the members (51%) of Generation Y(aged 18-25) sent or received a text message inthe previous 24 hours. This is in contrast to 26%of Gen Xers. (The Pew Research Center For thePeople and The Press, How Young People ViewTheir Lives, Futures an d Politics: A Portrait ofGener ation Next, Jan. 2007.) Many young peo-ple today have an online media presence withpages on social networking sites like Facebookand MySpace. 54% of Gen Yers have used a socialnetworking site. (I d . )

Increasing dependence on technology andglobalization has changed the workforce. As aresult, this is the most educated generation.Technology has also changed the way young peo-ple access and process information. Gen Yresearched term papers by typing their topic intoGoogle rather than going to the library and look-ing in reference books. They are adept at gettinginformation at the touch of a finger from a widevariety of sources. This easy access to data hasmade them more analytical, able to sift throughvast amounts of data quickly culling the most

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ments of a good screenplay: good guys and badguys, clear motives, a sequence of events andchoices, a crisis and resolution of that crisis. Asmuch as possible, relate the case to the jurors’lives and invite them to become part of the storyby providing the resolution of the crisis in theverdict. Gen Xers, especially, like to know howthe case relates to their own lives and should bemade to feel empowered that they have anopportunity to actually fix something that iswrong in our society.

G e n e r a t i o n ’s X’s skeptical nature maymake them question the authority of expert wit-nesses. Our research shows that degrees andcredentials are less persuasive to most jurorsthan hands-on experience in the area for whichthe expert is asked to testify. Furthermore,jurors pay the most attention to experts who aregood teachers and appear objective without anyagenda.

Pragmatic, self-reliant Gen Xer’s may notbe receptive to damages arguments focused onpain and suffering and emotional distresswhich makes the plaintiff seem dependent andweak. But reframing the harm to the plaintiff asa lost opportunity to participate in normal lifeincluding recreational activities and leisuretime may have more traction.

Generation Y, with its greater faith in gov-ernment, may be especially receptive to anargument that your corporate client is not neg-ligent because it met all the applicable govern-mental regulations in effect at the time.

It is the 21s t Century and Generations Xand Y have claimed their chairs in the jury box.Attorneys have to keep pace with the rapidlychanging environment and be better armed injury selection about the potential attitudes andvalues held by these younger jurors and adapttheir communication strategies to target theseGen Xers and Gen Yers.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Ms. Ba uss has been a Trial Consultant withthe National Jur y Project since 199 2. TheNational Jury Project/West is located inOaklan d. Her expertise is in jury decision-m aking and she ad vises attorneys on allphases of trial presentation strategy drawingon her years of experience conducting focusgroups, mock trials an d post verdict jurorinterviews. Her primar y concentration is inpersonal injury, employment a nd complexcommercial cases.

employer are foreign concepts for many of theseyounger generations. As a consequence, they aremore likely to expect a plaintiff to get over herloss of a job more quickly and move on and geta n o t her job.

Use a multimedia presentation. Graphicshave to be an integral part of every case presenta-tion. Most people under 40 live a multimedia lifejuggling information taken in from television,the Internet, email, cell phone, BlackBerry, etc.For that matter, the world we live in today ispacked with visual stimuli and any juror will bet-ter understand your case if the arguments arepresented both visually and orally. Having anattorney stand and talk at the jury for days orweeks on end without any visuals is an outmodedmeans of communication that has been provenineffective. Jurors, like anyone else, will take inmore information and process it better if you usea variety of media that engage both the right andleft brain. Make your presentation as interactiveas possible. In order to be persuasive, you have tocommunicate with your audience in their lan-guage and for young people today that meansusing a variety of visuals.

Depending on your budget, you may decideto hire a firm that specializes in legal graphics oruse some of the many programs available todaylike PowerPoint or Trial Director to create yourown charts, graphs, timelines, and the like. Ingeneral, it is not necessary to worry about appear-ing too “slick” or having more resources thanyour opponent. Younger jurors today expect y o uto use technology and all jurors will appreciateany tools that help them better understand yourarguments.

Streamline your case presentation.Generation X wants the bottom line and doesn’twant a presentation that seems designed tomanipulate or appeal to emotion. BothGenerations X and Y take in vast amounts ofinformation on a daily basis from multiplesources and are used to finding what they need toknow quickly and effic i e n t l y. They are moreconcrete thinkers than their predecessors, theBaby Boomers. Organize your presentation tolead with your conclusions and then methodi-cally list the facts that support that conclusion.Use graphics that highlight your main points toserve as a visual anchor.

Generations X and Y have been heavilyi n fluenced by the media and the way that storiesare told in the media. The narrative structure ofyour case presentation should contain all the ele-