There are a multitude of ways in which we can argue issues to the jury. Of course, all depends upon the facts of the case, the normal demeanor of the lawyer and the issues. In no particular order here are some notes from my trial materials on random ideas for final summation. Damage Ideas The remedy for harm inflicted on someone else requires full payment. Assume you have a $15 watch which somebody negligently breaks. You’re not entitled to a…
As trial lawyers most of us need no convincing to agree that our appeal to the jury is best presented as a story. We know that since the dawn of time humans have used stories to make sense out of the world – to learn, to teach, to instill moral values and to memorialize events. That is our human nature. In fact, scientists have shown, through psychological studies, that if we present raw facts to people, they will immediately begin…
In 2002 political advisers James Carville and Paul Begala published a book they entitled “Buck up, Suck up… And Come Back When You Foul Up.” Although dated in terms of its publication, most of the observations they make that relate to communication and persuasion are as relevant today as they were when they wrote it. While the book is intended as advice for politics and politicians, the fundamentals they discuss apply directly to trial work. Here are a few of…