Trial Tools 1

Advocacy Tools:How to plan for presentation at trial

I. Advocacy Tools• Organization• Content

ORGANIZATION:Primacy & Recency

• The basic rule: “People tend to remember the things they hear first and last.”

• Important points should come at the beginning and end of every presentation.

• Interment: Midpoints are remembered least—stick your counterproductive & embarrassing points here.

• This rule can be applied to each subpart of the case: not just the main parts!

ORGANIZATION:Sequencing

• Foundation: Establish predicate facts before moving on to establishing ultimate facts.

• Clarity: Establish context and purpose for a line of questioning or presentation before starting it.

ORGANIZATION:Sequencing

• Impact: Group connected evidence together and in an order of increasing importance for maximum impact.

• Committment: On cross-examinations work up a series of “commitments” the witness makes from least to most controversial “reducing at each stage the witness’ latitude to deny your point (p. 18).

ORGANIZATION:Contrast & Apposition

• Apposition shows relationship of facts. This tactic seeks to link together a series of facts that are connected to a main point but disparate chronologically.

• Contrast seeks to highlight factual differences. This tactic demonstrates conflicting facts which are not necessarily chronological.

ORGANIZATION:Repetition & Duration

• Duration: The more time you spend on a topic, the more important it will seem.

• Repetition: The more times a point is mentioned, the more likely it is to be believed and remembered (and understood).

• Don’t overuse these tools!

CONTENT:Details

• Use smaller details to support a greater whole

• Jury Instructions: Identify the jury instructions in a mock trial case. These are the ultimate conclusions you must lead the jury to make.

• Sub-Conclusions: Identify smaller conclusions you will need to walk the jury through to lead them to the ultimate conclusions.

CONTENT:Details

• Evidentiary Parts: For each sub-conclusion, identify all relevant evidentiary elements.

• Examination Goals: In general, using evidence to prove specific sub-conclusions should be the goals for each of your examinations (both direct and cross).

CONTENT:Reflection

• Pacing of language can be used to evoke time, distance or intensity.

• Rapid presentation: Makes events being depicted seem faster, closer in time & space, more intense and more disorganized.

• Slow presentation: Makes events being depicted seem slower, further in time & space, less intense and more organized and thoughtful.

CONTENT:Evocation

• Use words to create visual pictures of events that are authentic, memorable and compelling!

• Nouns & Verbs: These words convey something as it actually is—creating an actual image!

• Adjectives & Adverbs: These words convey judgments about “things”. Furthermore they turn control of the image over to the hearer, rather than the “storyteller.”

CONTENT:Powerful Language & Precision

• Avoid ambiguity—speak as though you know every aspect of the trial precisely. Do not use terms like “probably, maybe… etc.”

• Assert yourself and be sure to clearly tell the judge and the jury what you want at all points of the trial.

• SAY WHAT YOU MEAN! MEAN WHAT YOU SAY! KNOW WHAT YOU WANT!

CONTENT:Visual Aids

• In general, visual memory is more accute than aural memory.

• Always ask: “How can this idea be illustrated?”

• In Mock Trial, we are allowed two demonstrables per side/ per trial.

CONTENT:Headlines & Transitions

• Avoid tedium in trials! Make it as interesting as possible!!

• Clue the jury that something of value is about to happen.

CONTENT:Headlines

• Modest Headline: “Let’s talk about your education.”

• Bold Headline: “This case is about three broken promises: This is the first one…”

• Screaming banner: “The defendant is a murderer—and here is the one fact that proves it!”

CONTENT:Transitions

• After working through technical foundations, refocus the jury with a transition question.

• “So, with this in mind, how did Mr. Smith react?”