Domestic Diversions

Start strong. McElhaney, supra, at 40, expains: “All things being equal (which they never are), what you hear first, you are more likely to accept as being true . . . .” Lubet, supra, at 35, says: “The doctrine of…

Herbert Stern refers to four Laws of Persuasion in his Trying Cases to Win. These Laws are Primacy, Recency, Frequency and Vividness. They form the building blocks of persuasion in the courtroom, and their value has been recognized by trial…

Effective advocacy requires an ability to explain our basic theory in 30 seconds. To understand why, see Milo Frank’s How to Get Your Point Across in 30 Seconds or Less 11 (1986): “[W]hen the time comes to make your point,…

A simple overall theory is our guiding light throughout the entire trial. Steven Lubet, Modern Trial Advocacy 8 (1993), describes how to examine your case. Ask yourself: What’s so compelling about my client’s position? Write down in one paragraph the…

The first rule of persuasion is personal advocacy. We want the judge to believe that: (1) we know the most about this case and (2) we will not deceive the Court. See H. Stern, Trying Cases to Win (1991). James…

The New York TImes shows how expert witnesses can make a difference, especially as litigation becomes more complicated. Jonathan D. Glater writes (excerpt): TRIAL lawyers may be the peacocks of the courtroom, strutting before a judge or jury and making…

On the Media tells of writer-turned-jury consultant Neal Howard. The interview touches on story telling, narrative strategies and structures, and themes. It includes this comment on the focus of the decision-maker (excerpt): People have an inherent interest in justice. Justice…

The New York Times uses the presidential debates between Bush and Kerry to teach a trial advocacy lesson on the difference between direct examination and cross examination. Christopher Scanlan writes (excerpt): Unlike its rhetorical opposite, the closed-ended question, which limits…

manipulating adult minds

5 tips for giving speeches

table of contents

considerations and commandments and preparation

how to change people’s minds

principles and structure

opening statements

theme and theory

courtroom preparation

principles of advocacy

These tips are useful to keep in mind when preparing demonstrative evidence for motions, ADR or trial.

Nobody does trials like Americans . . . . We made it an art form. It’s almost as fundamental a part of our culture as jazz or rock ‘n’ roll.