Trial Advocacy The Art Of Storytelling

"A trial is a story-the story of your client's truth, and there is an art to storytelling. To succeed, your story must mesmerize, entertain, and persuade the jury throughout every phase of trial. This book is a direct, to-the-point guide to successfully master that art, tell that story, and try your case in New York State court. It is written in a conversational tone and deliberately brief to avoid the boredom that causes many students to throw books aside and jurors to lose attention during your case. Instead of telling you what to do, it contains detailed examples that illustrate how to implement the recommended techniques. It contains specific methods used by the most successful New York civil and criminal attorneys to win their cases and explores the right way to conduct each stage of the trial as well as discussing expert testimony, evidence, and the law of trial advocacy in New York, which will help you win your case and tell your story"--

"Storytelling, what it is, why it matters, how to do it, is not a metaphor for legal advocacy. It is legal advocacy itself, and it is not limited to jury trials or court appearances: It relates to every aspect of a lawyers work. The practice of law is the business of persuasion, and storytelling is the most effective means of persuading. A credible lawyer incapable of telling a well-reasoned story that moves the listener will always beat the lawyer who cannot. But just recognizing the centrality of storytelling to the legal profession is not enough. Lawyers should also study the basic structure and elements that apply to stories, how they work and why, as well as the principles that have guided great storytellers for thousands of years. Lawyers, Liars, and the Art of Storytelling shows you how to convey legal information in a cogent, persuasive way to the client who needs the help, to opposing counsel, and to the decision-maker who has the final say. In doing so, it utilizes portions of famous real-life court transcripts, television scripts, and story after story that feels more like celebration than study. Part prescriptive teaching, part memoir, always entertaining and never lecture, this package provides storytelling lessons gleaned from years of trial practice and television writing, wrapped in, what else, great stories"--Publisher.

Storytelling for Lawyers is a comprehensive guide that unveils the transformative power of creative writing techniques in the practice of law. Written specifically for legal professionals and law students interested in becoming courtroom advocates, this book explores how creative writing principles can be harnessed to effectively prepare for trial, sway jurors, and advocate for clients. From crafting compelling case themes to utilizing vivid metaphors, symbolism, and the rule of three, this book equips lawyers with practical tools to captivate and persuade audiences in the courtroom. Packed with actionable strategies, real-world examples, and expert insights, Storytelling for Lawyers is an essential resource for those seeking to elevate their legal advocacy and master the art of storytelling to win cases and shape outcomes.

Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives. Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why not simply allow the witnesses to speak their minds, without the distorting influence of lawyers' stratagems and feints? But Lubet demonstrates that the craft of lawyer storytelling is a legitimate technique for determining the truth andnot at all coincidentallyfor providing the best defense for the attorney's client. Storytelling accomplishes three important purposes at trial. It helps to establish a "theory of the case," which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney's client. Storytelling also develops the "trial theme," which is the lawyer's way of adding moral force to the desired outcome. Most importantly, storytelling provides a coherent "story frame," which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context. As with all powerful tools, storytelling may be misused to ill purposes. Therefore, as Lubet explains, lawyers do not have carte blanche to tell whatever stories they choose. It is a creative process to be sure, but every story must ultimately be based on "nothing but the truth." There is no room for lying. On the other hand, it is obvious that trial lawyers never tell "the whole truth," since life and experience are boundless and therefore not fully describable. No lawyer or court of law can ever get at the whole truth, but the attorney who effectively employs the techniques of storytelling will do the best job of sorting out competing claims and facts, thereby helping the court arrive at a decision that serves the goals of accuracy and justice. To illustrate the various challenges, benefits, and complexities of storytelling, Lubet elaborates the stories of six different trials. Some of the cases are real, including John Brown and Wyatt Earp, while some are fictional, including Atticus Finch and Liberty Valance. In each chapter, the emphasis is on the narrative itself, emphasizing the trial's rich context of facts and personalities. The overall conclusion, as Lubet puts it, is that "purposive storytelling provides a necessary dimension to our adversary system of justice."

Trial Advocacy Basics, Third Edition

In this book, which was first published in 1954, U.S. defense attorney Lloyd Paul Stryker takes the reader through every step of a case: the first meeting with the client, the questions to find the facts, the arrival in court on the first day of the trial, the selection of jurors, the carefully collected information about the characters of the judge and the prosecuting attorney, the importance of the opening address and the summation. Above all, he reveals the fascinating art of cross-examination which he considered to be the greatest weapon in the arsenal of a trial lawyer. The author clears up for all time the matter of legal ethics, of a defense attorney’s responsibility to undertake a defense, and under what circumstances he must refuse it. Also, he tells wonderfully exciting stories about the famous trial lawyers of an earlier day—Martin W. Littleton, Daniel Webster, Rufus Choate—as well as such modern greats as Robert Jackson and John W. Davis.

Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the "art of advocacy" into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into "argument-centered narratives" that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology. The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections. The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called "atomic spies," 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children's stories such as Humpty Dumpty and Jack & Jill. Also carried forward is the book's light tone which makes it not only useful but also a good read.