In a legal analysis by Ken Broda-Bahm at Persuasion Strategies, four key strategies to leverage a jury’s perception of a client as an “underdog” are highlighted. This insight is particularly relevant in cases where there is a conspicuous disparity between the two parties, such as the ongoing case in the U.S. District Court for the Southern District of New York, MLB Players Inc. v. Underdog Sports Inc. The framing of one party as significantly less powerful or resourced can potentially resonate with jurors.
Broda-Bahm suggests that counsel should emphasize aspects such as the relative size, market power, prior hurdles, and how closely a client’s experiences and values align with those of the jurors. These elements can help construct a narrative that encourages sympathy. For those interested in delving deeper into these strategies, further details are discussed in Broda-Bahm’s article, which can be accessed on Law360.