Over the past few years we have been continually reminded of the importance of telling a story in presenting our cases to jurors. Most of us do not need any convincing in that regard. There are lawyers, however, that assume it is a simple concept, but do a poor job of implementing it. Here’s a refresher on the art of story telling. To start with, why storytelling? Because our brains are formed genetically in a way in which telling stories…
We just returned from a week long cruise to Alaska with our children and their spouses. While on the trip I read a book by Drew Weston The Political Brain. It dealt with political campaigning and the election of politicians, but had informative information about persuasion, decision-making and how the human brain functions. While directed at politics I found that most of what he wrote was applicable to us as plaintiff trial lawyers. For example, I was pleased to read…
Today I am reviewing a collection of trial materials that I have collected over the years and which I began by storing in indexed notebooks long before the start of the digital age. Here are three examples. WRITING ON PAPER When I first began the practice of law court rooms were virtually devoid of any visual aids, no paper and not even a blackboard. In fact, a blackboard was considered a unique device to use in a trial and one…