Don't Think About a Purple Elephant:
The Power of Positive Imagery in Trial
By Elliott Wilcox and Joe Bodiford
Whatever you do right now, I need you to follow one simple instruction: Don’t think about a purple elephant.
Don’t think about its big, floppy purple ears. Don’t think about its thick, lavender-colored trunk. Definitely don’t think about it standing stoically in the middle of a courtroom.
What are you thinking about right now? If you’re like 99.9% of the human population, you have a giant, vivid, violet pachyderm in your brain.
There is something fundamentally strange about the way our brains process language. For some reason, the human subconscious doesn’t seem to comprehend the word "don't" very well. In fact, our brains have the power to completely ignore that single word while still hearing: and visualizing: every other word in the statement.
As a trial lawyer, understanding this quirk of human psychology isn't just a "neat trick": it’s the difference between winning a verdict and accidentally talking the jury into siding against your client.
The Science of the "Ironic Process"
Psychologists call this "Ironic Process Theory." First pioneered by Daniel Wegner in the late 1980s, the theory explains that when we try to suppress a thought, our brain actually monitors for that thought to ensure it’s staying suppressed. Paradoxically, by checking to see if we’re not thinking about a purple elephant, we end up thinking about the purple elephant more than ever.
It happens on a subconscious level. When we hear the word "don't," we often ignore it and follow the rest of the command.
If you've ever coached sports, you’ve probably seen this in real-time. Think about the difference between telling an athlete, "Don't miss this shot," versus "You're going to make this shot." When you tell a player, "Don't miss this shot," they are statistically more likely to miss. For some reason, "don't" gets lost in the shuffle, leaving the brain with only one clear command: "MISS THIS SHOT!"
Why Verbal Images Dictate Trial Outcomes
The reason this happens is that our minds latch onto the strongest image available. As a lawyer, you use words to create verbal images. These images determine whether jurors focus on what you’re asking for or if they focus on the complete opposite.
If you paint a picture of a "missed shot," that’s what the jury sees. If you paint a picture of a "shattered glass," they can already hear the crunching of the shards.
Changing the image changes the outcome. Before we dive into the courtroom, let’s look at how this plays out in everyday life. Feel the difference between these two ways of framing the same situation:
Phrasing for Success: Wrong Picture vs. Right Picture
Do you feel the difference? When you tell a guest, "Whatever you do, don't drop these," you can almost feel the glass slipping through their fingers. The word "drop" is the active image. But when you phrase the request positively: "hold onto them carefully": the image in their mind is one of steady, secure hands.
The Courtroom Context: Where "Don't" Goes to Die
As a trial lawyer, you are a wordsmith. It is your professional responsibility to craft your language with the precision of a surgeon. You have an obligation to your clients to maximize the persuasive impact of your message. Unfortunately, the legal profession is notorious for using "negative language" that backfires.
Let’s look at how Defense Attorneys, Prosecutors, and even Judges accidentally summon purple elephants in the courtroom.
1. The Defense Attorney's Trap
Think about criminal defense attorneys. They are often (rightfully) concerned that jurors will hold it against a defendant if he chooses not to testify. They worry the jury will think, "If he were innocent, he’d get up there and tell his story."
So, what do these attorneys do? They stand up in closing arguments and tell the jury:
> "Don't hold it against my client if he doesn't testify."
The Subconscious Translation: "If he doesn't testify, you should hold it against him."
By using the word "don't," the attorney has forced the jury to visualize the exact thing they want them to avoid. A better approach would be to focus on the positive principle of the law, such as the Pocket U.S. Constitution or the burden of proof, framing it as: "The law protects the silence of the innocent, and you must honor that protection."
2. The Prosecution and Plaintiff Mistake
Prosecutors and plaintiff's lawyers are just as guilty. They often fear the jury will hold them to an impossibly high standard of proof: higher than "beyond a reasonable doubt" or "preponderance of the evidence."
They regularly ask the jury:
> "Don't hold us to a higher burden of proof than required by law."
The Result: The jury is now thinking about "higher burdens." They are subconsciously looking for more evidence than they actually need because you’ve planted the seed of a "higher" standard. Instead, successful trial lawyers focus on the specific instructions found in resources like the Federal Rules of Evidence Summary Trial Guide to define exactly what the jury should do, rather than what they shouldn't do.
3. The Judicial "Pink Elephant"
Judges aren't exempt, either. Think about the standard curative instruction when an objection is sustained after a witness has already blurted out something inflammatory:
> "Objection sustained. The jury must disregard that statement. Don't pay any attention to that evidence."
If you had all day to think about it, you couldn't come up with a better way to highlight that statement for the jury. By telling them to "disregard" it and "not pay attention," the judge has effectively underlined it in neon highlighter.
While we can't always control what the judge says, we can control how we phrase our own questions and objections to minimize the "forbidden fruit" effect.
Mastering the Art of Positive Imagery
The picture you paint in the jurors' minds is the one that is likely to be fulfilled. If you spend your trial telling the jury what not to think, what not to do, and what not to see, you are effectively handing them a roadmap to the very outcome you fear.
To improve your courtroom presence immediately, you must pivot toward Positive Imagery.
Strategies for the Week Ahead
Your goal this week is to find a better, more positive way to illustrate your points. Whether you are prepping for a deposition or getting ready for a jury trial in Florida, Texas, or Illinois, take a moment to review your notes.
- Audit Your Language: Spend a few moments thinking about your last trial or hearing. How did you phrase your requests? Did you ask for things you didn't want?
- The "Don't" Deletion: Scan your opening statement and closing argument for the word "don't." See if you can rephrase those sentences into positive commands.
- Visual Precision: Instead of saying "Don't be confused by the defense's tactics," try "Focus clearly on these three undisputed facts."
- Resource Check: Precision in language often comes from a deep understanding of the rules. If you're struggling with how to frame evidence properly, check out resources like The Complete Trial Lawyer's Success System to learn how to lead witnesses: and the jury: exactly where you want them to go.
Conclusion
The persuasive impact of your courtroom presentations will improve the moment you stop fighting the "purple elephant" and start giving the jury a better image to focus on.
Remember: You are the director of the "mental movie" playing in the jurors' heads. Make sure the scenes you’re directing lead to the verdict your client deserves. Focus on creating positive images, and you'll find that the jury is much more likely to follow the path you've laid out for them.
For more practical trial tips and legal resources, visit us at eLEX Publishers.