Sign Posts
It is easy to lose a jury in opening, during direct and cross examination and during closing. By the time a case goes to trial we usually have a command of the facts that often times is better than the witnesses'. And we certainly have a better command of the issues and the law. This knowledge tends to produce what I would call skips in our delivery. We know the facts so well that we jump from one subject to the next with all sorts of assumed connections that only we see or understand. We may think the jury is following along with our mental processes but most of the time they don't.
One way to keep this from happening is to use sign posts. Sign posts are an announcement of what is coming next. For example: "Mrs. Jones I am now going to ask you some questions about things that occured between the time you left the store and the time you slipped on the ice." or, "[to the jury] I am now going to tell you about what caused the accident." This lets the jury know what is coming and why you are asking the questions that you are asking. It also is a good way for you to break things down in coherent, digestible bites.
