"[T]he true mode of ascertaining a moral right is to inquire whether it is such as the reason, the cultivated reason of mankind must necessarily assent to."–Justice Smith Thompson
Effective trial advocacy requires a simple overall theory. Can you explain your basic theory in 30 seconds? What headline would you write if the story were to appear in the newspaper? To develop a more effective theory of the case:
1. Discover the underlying human drama in your case.
2. Evaluate your case in light of common sense.
3. Answer the question: why should my client win under the facts and law?
4. Combine the facts and law into a simple moral theme.
5. Keep focused on your theme.