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Category: Advocacy

TRIAL THEMES AND THE RULE OF THREE

TRIAL THEMES AND THE RULE OF THREE

Here are some random writings and comments about trial themes for you to consider: “Research in education, communications, psychology, anthropology and cognitive science has given scientific basis to what good storytellers and trial lawyers already know: Themes are critical for helping an audience organize the information they receive and make decisions based on that information. To persuade a jury, an attorney must develop case themes that help organize the diverse case facts and convey the case theory. Developing persuasive and…

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THE ROLE OF EMOTION IN DECISIONS

THE ROLE OF EMOTION IN DECISIONS

The single most revered precept in law is that of objectivity, rational thinking and absence of emotion in arriving at conclusions. It was drilled into our heads by law professors, case law and legal textbooks that we were to completely exclude any emotional component when analyzing or reasoning. For trial lawyers our experienced has historically been a repeated insistence by the judge, jury instructions and appellate decisions that all emotion must be excluded in evidence  or with regard to arriving…

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LEARN TO LISTEN

LEARN TO LISTEN

I’ve written about the relationship of stage presence for actors and it’s importance for trial lawyers. There is a similar connection between listening in theater and for trial lawyers. Actors must learn to respond to the other actor’s lines. That requires good eye contact, intense listening and good timing. It has been said that even when the actor doesn’t have a line and is not involved with a speaking part, they still must listen intently to what is going on…

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