Finding the right script: trial lawyers must fit their cases to the belief patterns of juries

Article Abstract:

Lawyers seeking credibility and persuasive force with a jury must consider how juries test the validity of an idea. Many people have a variety of often conflicting perceptions of, for example, the police, based on various formative experiences. A strong presentation selects the appropriate perception and reinforces it. Further, the presenting attorney should try to explain why someone did something, especially when that action may not fit many peoples' expectations. Motive is a critical to building credibility.

author: McElhaney, James W.
Analysis, Beliefs, opinions and attitudes, Jury members, Motive (Law)

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Putting the case together: a disorganized approach can make a mess out of litigation

Article Abstract:

Trial lawyers in complex cases should be especially sure to present their cases in an organized manner. They should arrange the evidence into a story, picking the best evidence to make each important point. They should plan the story to take advantage of their strong points and deal with their weak ones. They should tell the story in an interesting way, resisting the temptation to use too much legalese.

author: McElhaney, James W.

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Highlighting; putting the right emphasis on the proof in the case

Article Abstract:

Trial lawyers should be careful to maintain a rhythm during trial in order to hold the interest of judge and jurors. Techniques which can help achieve this include effective use of the best witnesses, reverse leading, refreshing a witness' memory according to Federal Rule of Evidence 611(c), and combining a witness impeachment with a prior inconsistent statement.

author: McElhaney, James W.

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subjects list: Methods, United States, Lawyers, Trial practice
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