We know apologies don’t come easily to most people. Just ask American actress Amber Heard, who recently faced a 10-year prison sentence in Australia for smuggling her two dogs, Pistol and Boo, into the country in violation of pet quarantine laws. To escape a harsher penalty, Heard and husband Johnny Depp starred in an apology video released to the public by the Australian government.
The laughably unconvincing apology inspired comedic parodies, including one by late-night talk show host Stephen Colbert, who made his own apology video – complete with didgeridoo solo. Even Australia’s Deputy Prime Minister didn’t think Depp’s performance was quite worthy of an Academy Award.
As a trial lawyer, you’ll undoubtedly encounter a case where denying all wrongdoing just won’t satisfy a jury. We’ve tested these types of cases through focus groups by admitting liability and focusing on causation theories instead, or solely examining jurors’ views on damage awards. In these situations, accompanying your concession with a genuine apology may temper negative juror responses.
Heard and Depp – and even Colbert – could have benefitted from a recent study revealing the six secrets to a successful apology:
- Express regret
- Explain what went wrong
- Acknowledge responsibility
- Declare your repentance
- Offer to remedy the situation
- Request forgiveness
The study showed the more elements you include in your apology, the more likely the recipient will accept it. According to the report, the most important element is to accept responsibility. Acknowledging that you made a mistake can mitigate strong anti-defense sentiment among your panel and drive down excessive damage awards.
The second crucial aspect is to offer to repair any harm caused. An apology that shows you are willing to fix the situation is perceived as more sincere and can challenge unreasonably high plaintiff damage demands.
If you need help crafting an apology or would like to test how a jury will receive your apology, please contact Senior Vice President Claire Luna at cluna@juryimpact.net or 714.754.1010.
