Law360, New York (May 4, 2016, 1:09 PM EDT) -- Jurors squirm when they feel bored and frustrated during an opening statement and, of course, during other aspects of trial. Jurors who squirm are harder to persuade and less likely to hear and retain certain key facts and arguments than jurors who stay engaged. The fact that jurors are a captive audience doesn't mean they are any more invested in your presentation than people who walk out of a boring movie: jurors can't physically leave, but they can and do mentally check out. If you are a trial lawyer or in a position to retain one, you should think about whether your squirm factor is high, moderate, or low; and if you are not where you should be, what you can do to improve your position....
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