In this IMS Insights Podcast, Senior Client Success Advisor Adam Bloomberg sits down with Senior Jury Consulting & Strategy Advisor Chris Ritter to explore Mental Mining®, a cornerstone of trial strategy that uncovers the subconscious ways jurors process information.
Listen now to learn about:
- What Mental Mining is and why it matters in litigation strategy
- How to identify jurors’ “toeholds” and use them to shape persuasive narratives
- The difference between ongoing Mental Mining and a dedicated strategy session
- How the “desired dozen” questions clarify case stories and guide advocacy
Whether you are preparing for a jury trial, arbitration, or similar high-stakes proceeding, this episode delivers practical guidance on strengthening advocacy and connecting with your audience on a deeper level.
Watch the original LinkedIn Live recording here.
Transcript:
Adam Bloomberg: Thank you, Chris. Last time we spoke, you gave an overview about your methodology to case strategy, and one of your cornerstones to this approach is something you've coined as the term Mental Mining. Let's start with the definition. What is Mental Mining?
Chris Ritter: Well, there's a short definition and a longer definition. At the risk of sounding a little too California woo-woo here, the short definition is that it's the conscious effort going into the subconscious, which is organizing the facts that the jurors are going to be hearing, finding the organizing principles, and bringing them up to the conscious level. So you can use them to make arguments and basically persuade jurors.
Adam: So how do these elements that you're mining persuade jurors in the courtroom?
Chris: Yeah. Well, first of all, the term “mining” was specifically picked because that really is the notion of going in and looking for and bringing this out. The best lawyers tend to be people who can educate. And if you're going to educate, you have to understand how people learn. When people are confronted with new facts, particularly complex facts for the first time, they process them in two ways. On a conscious level, they're memorizing details, names, dates—basically the details you need. But on the subconscious level, they're organizing what they're hearing into buckets, familiar categories that allow them to judge new material either positively or negatively, or even to understand it.
So, what we're doing in Mental Mining is figuring out what those buckets are—how people are organizing their thoughts subconsciously—so we can bring them out and use them for argument. We can use them as a way to create “toeholds” for understanding, which then helps us teach and ultimately convince. You can't learn in the abstract; you have to start at a place where you know something. By going into the subconscious and bringing out these insights, we can develop toeholds to begin educating and persuading people.
Adam: So, what are some examples of toeholds?
Chris: Well, they can be almost anything. Analogies, stories, shared beliefs, events we've experienced, television shows we've seen, or values we hold in common. When you go through a Mental Mining session, you know you've hit a toehold when someone says, “This reminds me of…” or “This is really about…” and people start nodding because they understand what it is. The broader message conveyed by that small toehold is what matters.
Adam: So you mentioned a Mental Mining session—is that the same as Mental Mining?
Chris: Oh, it's a good question. I tell people that Mental Mining is really two things. It is a verb—it's something you do—and it's also a noun—it's a thing. When I talk about Mental Mining as a verb, that's the process lawyers should engage in all the time, thinking about how to simplify a case, asking, “What is this about?” My family can tell you I'm a little extreme—I’m constantly thinking about ways to explain things. So it’s an ongoing process.
Now, as a noun, a Mental Mining session is something you engage in that usually lasts four to six hours. You bring in a critical listener to force you through the process of asking, “What is this case about?” and answering the questions necessary to arrive at the kernel, the essence of the case, and how to explain it.
Adam: So who’s the critical listener in this scenario? Is that the client?
Chris: The critical listener is usually someone from the outside. Lawyers can be too close to the case—they know the details and are in the weeds. The critical listener knows enough to be dangerous, has been there, understands the case, and can question you from a higher perspective. There’s a Zen concept called the beginner’s mind—the less you know, sometimes the more powerful your insights. This person hears the material for the first time and gives honest reactions. It’s especially helpful to have someone external, because young associates often cannot critically challenge partners. Ideally, the critical listener has tried cases, seen many perspectives, and knows what’s important.
Adam: I attended one of your firm retreats where you gave a workshop on Mental Mining, and you mentioned the concept of the “desired dozen.” Can we explain that?
Chris: Certainly, it’s alliterative, isn’t it? The “desired dozen” are basically twelve questions that every juror wants answered in order to make a decision. I won’t go through all of them, but they are very basic: What happened? Why did it happen? What’s the motive? What’s really going on? What do these documents mean? How do I explain these things? There are twelve questions that every juror wants answered. I use that as a touchstone to determine whether a Mental Mining session has been successful. At the end of the day, I want to make sure we’ve answered all twelve for the jury.
Adam: Here’s a softball question—the last one. I assume these questions lead to clearer results?
Chris: Oh, absolutely. Not only do you need to answer these questions, but they also point out the kinds of tools you need to explain the case. They help provide the framework for getting the active juror to advocate for you in the deliberation room.
Adam: Thank you for your time, Chris.
Chris: It’s good to see you, Adam.
Adam: Until next time.
Chris: Good to see you.
Adam: Thank you.
Outro: IMS has served trusted law firms and corporations worldwide for more than 30 years and over 65,000 cases. As a strategic partner for the full case life cycle, our integrated teams provide specialized advisory support, expert witness services, litigation consulting, visual advocacy, and presentation technology to elevate strategies and protect hard-earned reputations. Learn more at imslegal.com.
