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The Fine art of Trial legislation



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By : Lucius Probst    19 or more times read
Submitted 2013-08-15 09:08:08
Trial lawyers complain about juries?

If you’ve ever spent any time around trial lawyers you’ll hear them complain about the jury.

Juries are “biased, unfair, and won’t give the plaintiff a chance.”

What lawyers fail to see is that it’s their own fault.

Your job is to tell a story that will convince the jury that your party isn’t to blame, yet your story is boring them to tears.

Most of what’s presented at trial doesn’t meet the jury’s needs nor does it make a connection with them.

Would it be so bad to tell the clients story with a little passion and in a way that it connects with the jury?

Facts by themselves lack context.

If you can’t make the jury care about what happened to your client how can you expect to get justice?

A trial lawyers story has to compete with what’s already in the juror’s, heads, what’s in the judge’s head, what’s in the defense attorneys head, and the story that is being told by the defendant, witnesses, and experts.

You’ve got to give the jury a reason to care and it’s got to be emotional.

Have you ever tried to make a connection with anyone while doing nothing but quoting factual information?

People connect with one another on many different levels; it can be emotional, physical, psychological, and spiritual.

But it’s making this connection that will make your analysis have a bigger impact.

If you’ve ever watched trial lawyers you’ll come to notice that everyone has their own approach and this approach can have an effect on the outcome of the trial.

It’s very much like an extreme sport because everything is on the line.

You’re going head to head with the competition but do you go for the knockout or just try to score and wait for the decision?

Trail law is for the tough guys because someone is going to win and someone’s going to lose.

But just like with any sport it comes down to the ability of the coach to call the right plays and get the right people on the field.

Instead of dealing with linebackers, quarterbacks and running backs a trial lawyer is dealing with witnesses and what is or isn’t true.

The way a witness will testify will have an effect on the outcome of the trial.

I have wonder if the feeling in the attorneys gut when a witness is testifying might be very much like the feeling a coach a play is being run.

The manner, tone, and way the witness testifies are an important part of the trial. The lawyer decides whose going to run the ball and in which direction the ball will be run.

Of course unlike the football coach the attorney is on the field. He’s not only a player but he’s the star player on the team and he plays the whole game.

Of course one big difference is to win this game the attorney has to present his case as a story that will get the jury’s attention, bring them to the edge of their seats, and get them to side with his client.

And the attorney’s story has to compete with a competing story being told at the exact same time by the competition. Each story has a competing theme with competing players.

While this has all the makings of an extreme sport this one is played with the mind. How well the attorney does is played out in the verdict, the final vote.

Author Resource:

Harold Knight is an SEO whose been working in the field of understanding what makes someone click for the last 12 years.

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