Brian J. Kim on Transforming Jurors’ Values into Powerful Verdicts
In his thought-provoking article, “From Their Words to Your Verdict,” trial attorney Brian J. Kim of Savin Hennessey & Kim (SHK Law) outlines an innovative approach to jury selection and damages advocacy, emphasizing the significant power of jurors’ own language and values in shaping compelling courtroom narratives. Kim, a distinguished trial lawyer recognized for his success in catastrophic-injury and wrongful-death litigation, argues persuasively that the most effective damages stories emerge directly from jurors themselves rather than being imposed upon them.
Challenging Conventional Voir Dire Approaches
Traditionally, voir dire the jury selection process, has been primarily viewed as an exercise in elimination, identifying biases and unfavorable jurors to exclude from the panel. Kim rejects this narrow perspective. Instead, he urges trial attorneys to treat jury selection as an invaluable opportunity for constructive dialogue, one that actively shapes the jury’s collective understanding of loss and value.
Kim’s approach flips the standard script by proactively engaging jurors in open-ended discussions about life’s meaningful aspects. Rather than simply screening for potential prejudice or preconceived notions, attorneys are encouraged to elicit jurors’ deeply-held personal values and beliefs. This methodology fundamentally alters the tone of jury selection from defensive and cautious to open, authentic, and deeply human.
Leveraging Jurors’ Values for Authentic Advocacy
One of the article’s central insights is the concept of jurors defining damages through their own authentic language. Kim emphasizes that jurors inherently trust narratives that align with their own worldview. Consequently, when jurors themselves articulate the core concepts of loss, those concepts become inherently more credible and emotionally resonant.
Kim highlights a turning point from his early career, where he transitioned from the defense bar’s formulaic approach, focusing heavily on numerical medical expenses, to a plaintiff-focused philosophy grounded in the qualitative, human-centric impacts of injury. He vividly recalls a revelatory moment when asked: “What do medical bills have to do with the life that’s been destroyed?” This prompted Kim to see damages through “human eyes,” forever shifting his advocacy from mere calculations toward storytelling rooted in genuine human experience.
Three Key Frameworks to Elicit Juror Engagement
Kim provides practical guidance with three distinct frameworks designed to engage jurors deeply and authentically:
- Most Valuable Possession: Jurors are asked to consider what possessions or aspects of their lives are irreplaceable—those things that no monetary compensation could ever truly restore. By having jurors articulate the emotional and intangible significance of their own irreplaceable values, attorneys can later connect these deeply personal narratives directly to their client’s loss.
- Value of Health and Mobility: This framework encourages jurors, especially those with active lifestyles, to reflect on the fundamental importance of mobility, freedom, and physical independence. Jurors are asked to imagine how their lives would change profoundly if their ability to engage in cherished activities—whether daily routines, hobbies, or relationships were suddenly taken away. This approach naturally creates empathy, making jurors more receptive to understanding the true extent of a plaintiff’s losses.
- Loss of Purpose and Identity: By examining the vital roles, careers, passions, and activities that define jurors’ identities, attorneys help jurors internalize the profound psychological impacts of catastrophic injuries. This framework highlights how injuries rob individuals of their very identities, not just their physical capacities. Jurors who have reflected on what defines their own sense of purpose are better positioned to appreciate the full scope of a plaintiff’s suffering.
Integrating Jurors’ Words Throughout the Trial
A particularly insightful recommendation from Kim is the strategic use of jurors’ exact language throughout the trial. He advises attorneys to carefully document and incorporate jurors’ phrases and concepts into opening statements, witness examinations, and closing arguments. By doing this, the damages narrative becomes anchored in jurors’ own words, enhancing both credibility and emotional power.
Moreover, this practice avoids common objections like the “golden rule” argument, which prohibits attorneys from directly asking jurors to place themselves in the plaintiff’s shoes. Because the ideas originate from jurors themselves during voir dire, they inherently bypass these objections, resulting in narratives that jurors find more organic, persuasive, and fair.
Why Juror-Driven Narratives Matter
Kim identifies several key reasons why engaging jurors in crafting the damages narrative is essential to trial success:
- Authenticity and Credibility: Jurors naturally trust and resonate with narratives that align with their personal values and life experiences. Authenticity fosters genuine advocacy rather than mere persuasion, creating jurors who champion the truth they themselves helped uncover.
- Bridging Economic and Emotional Loss: Traditional numerical methods for calculating damages often fail to capture the true human costs of injury or loss. Jurors’ personal language and values bridge the gap between economic harm and profound emotional impacts, translating abstract concepts of pain and suffering into relatable terms.
- Constructing a Shared Verdict Framework: By the time deliberations begin, jurors have collectively established a framework rooted in their expressed beliefs. They are no longer deciding damages in isolation; instead, they are measuring compensation against values they themselves have articulated, leading to verdicts that feel more logical, just, and inevitable.
Realizing the Power of Human Connection
Kim underscores the transformative power of genuine human connection in litigation. Attorneys who adopt this approach move beyond superficial advocacy, instead fostering profound emotional bonds between jurors and the plaintiff’s story. Jurors become emotionally invested not because they are asked to be sympathetic, but because they recognize the authenticity of the plaintiff’s losses as reflective of their own deeply-held beliefs.
Brian J. Kim: Advocating with Integrity and Impact
Brian J. Kim’s unique approach and advocacy skills have made him a standout figure in trial law. Recognized as a nominee for the 2023 CAALA Trial Lawyer of the Year, Kim’s career is dedicated to seeking justice through human-centered advocacy. His successful track record, particularly in cases involving catastrophic injuries and wrongful death, underscores the practical efficacy of his juror-driven approach.
Kim’s work has resonated widely within the legal community, garnering attention and respect from fellow attorneys, judges, and legal scholars alike. His thoughtful reflections, innovative methods, and impactful verdicts illustrate the critical importance of authentically integrating jurors’ values into the trial process.
In “From Their Words to Your Verdict,” Brian J. Kim provides not merely a set of litigation techniques but a profound philosophical shift in how attorneys view their role as advocates. He challenges lawyers to listen actively, connect authentically, and advocate powerfully—always through the genuine voices and values of those entrusted with delivering justice: the jurors themselves.
Explore Kim’s insights in greater detail and read his full article, “From Their Words to Your Verdict,” featured in Advocate Magazine.
To schedule a consultation with Brian J. Kim and the SHK Law team, contact them at (818) 960-0011 or email info@shklaw.com.