This American Life inadvertantly provides trial advocacy advice in its “comic book” RADIO: AN ILLUSTRATED GUIDE,” by Jessica Abel and Ira Glass. This glimpse into the making of a great radio program shares ideas about story, narrative structure, and interviewing.…
Incalculably small fractions
Ben Stein’s column in the New York Times notes the impact of the smallest gestures of love (excerpt): Now, I thought, the distance from Earth to the nearest of those stars is trillions of miles. Having been put on her…
I think I can do better
Hugh Thompson died this week. He was a key witness in the My Lai court martial trial and, many years later, a recipient of the Soldier’s Award. In the face of a massacre, he put himself between officials in his…
And the lady said has my plane landed yet
The New York Times examines the relative “funniness” of Supreme Court Justices. Adam Liptak writes (excerpt): Justice Scalia was the funniest justice, at 77 “laughing episodes.” On average, he was good for slightly more than one laugh – 1.027, to…
Putting it All Together
The final step is the art of putting it all together. There are many possible variations for organizing an argument, and there is no one formula for success. Obviously, these materials have touched on a quite number of considerations, but…
All about friendship
The BBC celebrates Winnie the Pooh, as he turns 80 (excerpt): Charlie Cain, head of brand management for Walt Disney’s Europe operation, puts the books continuing appeal down to Milne’s “pretty timeless” characters. “Whenever we do research into the reasons…
Getting Organized
Organizing the content of the story can be a real challenge. The starting point should be your theme and theory of the Case. Next consider the elements of a persuasive story and use them as a checklist for preparing a…
The unwriting’s on the wall
USAToday interviews William Swanson from Raytheon who wrote Swanson’s UnWritten Rules of Management. His rules include (excerpt): 1: Learn to say, “I don’t know.” If used when appropriate, it will be used often. 14: Strive for brevity and clarity in…
12 Steps of Christmas Lightsaholics Anonymous
There are Christmas Lightsaholics in this world. We need to have a 12-step approach for helping these folks out. Here are 12 steps adapted from the wisdom of Alcoholics Anonymous. Step 1: We admitted we were powerless over Christmas Lights…
Structuring Arguments
Each party entering the courtroom will bring a trial story, a competing version of the facts and circumstances that led to the case being filed. The one who will succeed is the one who presents the most persuasive story in…
Top 10 Tips for Demonstrative Evidence
1. Focus on the heart of your case. Find ways to illustrate your theme and theory and the most important points. 2. Brainstorm about ways to show the things you intend to argue. Learn about spreadsheets, bullet points, tables, graphs,…
The Big Picture
Simply put, Show and Tell works. It works better than just telling, better than just showing. We gain more information, and we lose it much more slowly. The most frequently cited study showed that recall of information presented orally and…
Vividness
Use details to support your theme and theory, including the important facts that are in dispute, the motivations of parties and witnesses, and the meaning of contested evidence. Lubet, supra, at 326, 421, explains: “. . . [D]etails add credibility.…
Cheap but capable laser printer for your desktop
I remember when a $200 laser printer was considered an extraordinary bargain. Today, there are lasers that occasionally sell for $150, even $100 after rebates. We have now reached a new low in laser printer prices. How about $49.99! Yes,…
Frequency
Repeat important points in new ways. Lubet, supra, at 26, 41, explains: “Important points should be repeated . . . to increase the likelihood that they will be retained and relied upon by the trier of fact. *** “Repeat [essential…
Glass houses
The Detroit Free Press said it best in the words of Dawson Bell and L.L. Braisier (excerpt): In one of the most bizarre events in recent Michigan political history, Attorney General Mike Cox announced Wednesday he had an extramarital affair…
Recency
End strong. McElhaney, supra, at 40, says: “All things being equal (which they never are) . . . what you hear last, you more easily remember.” Lubet, supra, at 25, explains: “Primacy and recency refer to the widely accepted phenomenon…
Primacy
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…
Computer chimps
Forbes has a special report on communication. Topics include lying, story-telling, getting confessions, technology, science, commerce and culture.
The 4 Laws
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…