W. Ray Persons, Esq., King & Spalding
In more than three decades of civil litigation, King & Spalding’s Ray Persons has earned a national reputation as a great courtroom orator. The past president of the Atlanta Bar Association has served as lead counsel in more than 65 jury trials and provided advice in hundreds of others that did not conclude with a verdict. He dynamically connects with juries and judges by communicating with them on a level and in a manner that expresses his sincere interest in sharing information. “In the course of your career, you develop a certain style,” Persons said. “Back when I started, you relied a great deal more on oratory and far less on visuals,” he recalled.
Today, Persons has modified his style to reflect the increased focus on imagery over aural education. “Given that most people are visual learners and are used to getting their information in pithy sound bites, they have little tolerance for long, wordy presentations,” he noted.
Collaborative Success
When he has expanded his trial team to include jury consultants, Persons has succeeded in eight out of 10 cases, either in terms of an absolute victory or limiting the damages to below the client’s projections. “We talk about what I see as the key components, documents and witnesses, and they respond with a variety of suggestions,” he said. “It is very much a collaborative effort and an exchange of ideas,” he added.
“TrialGraphix was helpful in both telling and showing the story through the development of exhibits and the use of technology. . . I have used TrialGraphix a number of times over the years, and I think they are incredibly helpful in how to think about and present your case while being mindful of budgetary considerations.”
Persons generally works with the same team on his matters because each experience enhances the long-term value to his clients. “It is nice to have a consultant with whom you have worked well and are in sync.”
Fiscal Flexibility
Ray Persons has succeeded in eight out of 10 cases when he has expanded his trial team to include jury consultants.
This winning combination has worked for Persons and his clients since the 1990s in cases that involve significant monetary exposure or a high public relations impact. He flexibly utilizes mock trials, focus groups and graphics services to suit the breadth of a particular matter.
Persons proved the power of this approach in a recent state court trial involving non-U.S.-based defendants and a $100 million commercial dispute. “There were concerns about ethnic bias and anti-foreign sentiment,” he recalled. “Conducting jury research helped us develop the ability and the confidence to try the case.”
A jury profile helped Persons create a detailed questionnaire, which included sensitive queries that individuals would not be comfortable openly answering in public. “That was where we won the case,” he said. “I don’t know how as a leader of a trial team I would be able to do my job effectively without the graphics and jury consultants,” he added.
Diversified Technology
With their insight into the jury pool, Persons and his team of consultants jointly prepared the opening statement and incorporated demonstratives into the presentation. They juxtaposed live testimony with instant video of contradictory statements. “It makes for a very good and informative presentation because the jurors hunger for information,” he noted. “Video allows the jurors to see the demeanor of the witness and the conviction with which he or she made that prior statement.” The court reporter said that it was the best video presentation she had seen in her 35-year career.
Confident that the use of technology and jury analysis helped him obtain a total victory for the firm’s client, as well as succeed on its counterclaim, he concluded, “I can’t imagine having that kind of success in this day and age without the help of a consultant.”