How to Talk to Your Clients About Sentencing Mitigation Videos
If you’re a defense attorney, you know how difficult the sentencing phase can be—for everyone involved. Your client is facing the weight of consequences, and often, their family feels powerless. But there’s one tool that can help tell their story with honesty, emotion, and clarity: a sentencing mitigation video.
That said, not all clients are familiar with this option—or they might be unsure about how it works. Here's how to introduce the concept to your clients, explain its value, and guide them through what to expect.
Start With the “Why”
Begin by explaining what a sentencing mitigation video actually does. It’s not a commercial. It’s not a plea for innocence. It’s a deeply personal documentary-style film that helps the judge see the full person—not just the conviction.
Key talking points:
“This video allows us to share your background, character, and remorse in a more compelling way than words on paper.”
“It’s a chance for your loved ones to speak on your behalf and for the judge to understand you as a whole person.”
Explain the Potential Impact
You don’t want to overpromise results—but mitigation videos have played a significant role in countless cases. Judges appreciate the insight and context they provide, especially in emotionally or morally complex situations.
You might say:
“While there are no guarantees, judges often value seeing genuine expressions of remorse and the support systems in place.”
“It can help shift the perception of your case and add dimension to the sentencing decision.”
Set Expectations Clearly
Clients (and their families) may feel nervous about being on camera or unsure about the process. Let them know what’s involved and reassure them that it’s a professional, supportive experience.
Let them know:
“The interviews are informal—just a conversation. There’s no script or pressure to perform.”
“We’ll work together to decide who should be interviewed and what should be included.”
It’s also important to clarify that privacy and discretion are top priorities, and no video will be made public without consent.
Offer Examples (Discreetly)
Because these videos often contain sensitive content, many professionals—yourself included—choose not to display them publicly.
You can say:
“Due to the private nature of these cases, examples aren’t posted online, but I can share samples with you privately if you’d like to see how it’s done.”
This helps build trust and confidence without compromising anyone’s story.
Emphasize the Human Side
At its core, this conversation isn’t about legal strategy—it’s about telling someone’s story with empathy, honesty, and care. Let your client know they are more than their charges—and that this video is a way to help the court see that.
Let’s Work Together
If you’re an attorney interested in adding sentencing mitigation videos to your toolkit—or simply want to learn more about how they work—I’d be happy to connect.
📧 bendyer@illumedia.org
📍 Based in the U.S., available to travel nationwide