CASE STORY & THEME DEVELOPMENT
Find the Compelling Narrative Hidden in the Facts
The verdict is in: facts and evidence, alone, don't win cases. It's the most compelling story that sways the jury’s vote.
But crafting a winning case story can be tricky, and faced with that daunting task, many trial attorneys turn, instead, to that old standby: the chronological timeline.
Attorneys often justify their reliance on timelines by saying that timelines are easy for jurors to follow. And they can be, if well-designed. But in truth, a timeline often becomes a crutch attorneys rely on to keep their presentations on track, never realizing that the very timeline that serves their needs may not be serving jurors' needs at all. In fact, that oh-so-useful timeline may actually be tanking their case.
The hard truth is that a chronological timeline does not a compelling story make. There's no drama in a timeline, and without drama, jurors often get bored. To alleviate their boredom, many jurors read ahead of the lawyer's verbal recitation and are thus only half-listening (or fully tuned out) by the time the attorney explains the significance of important dates, times, or events. Worse, very few timelines convey the context in which the events took place, making it harder for jurors to empathize with your client's plight.
A good story, by comparison, provides both the drama jurors need to stay engaged and the context they need to get emotionally involved. In other words, a good story reveals motive -- the very thing jurors want and need to know to fairly decide the case.
Telling a story is thus crucial. But stories can be maddeningly complex. How complex are they? Well, for starters, there are specific elements all stories must contain. Then there are certain conventions to which all storytellers must adhere. And to complicate matters even further...
There are a whole host of dilemmas every courtroom storyteller must resolve:
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In what order should the evidence be presented?
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And from whose point of view (POV) should the tale be told?
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Will a metaphor inform the jury?
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Or is an analogy better to unfold?
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Will every factoid be compelling?
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Or will scores of details simply overwhelm?
Trial teams often debate these questions at length, and if they're lucky, they sort them out and choose the approach that wins the case. But the "best" approach isn't always readily apparent, and minus jury research or an experienced Trial Consultant to guide them, many attorneys head into court not really knowing how their case story will land. Luckily, there's a better way.
Our professional storytellers can guide your path.
We'll help you choose the story genre that best fits your type of case; help you find an emotionally compelling narrative frame; and make sure you hit the requisite story "beats" that jurors with decades of movie-going and TV-watching experience now unconsciously expect.
In short, we'll help you find the riveting narrative buried beneath your mountain of facts so that you:
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Frame the case to your client's advantage
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Find the strongest psychological "hook"
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Strategically apportion blame and responsibility
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Make critical case evidence unforgettable
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Inoculate against "bad" case facts
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Build the narrative to a dramatic climax
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Compel jurors to "buy in" to your clients' POV
We'll show you how to use the audio-visual storytelling techniques perfected by Hollywood, Madison Avenue, and television news, and we'll even make sure your case story answers the one question jurors always ask on every case. (What question is that? It's the one that can make all the difference between a win and a loss.)
So why struggle to craft a winning case story all on your own?
Instead, let us help you write the story of your next trip to court so you can sit back and savor your sweet success!*
TESTIMONIAL
Thanks Karyn -- and thanks for all your help and guidance. You were an essential part of this victory!
Mark Shipow, Esq.
Kawasho v. Mitsui