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Legal Storytelling

“You’re” Marketing

You provide a product – you. If marketing is telling the story of your product to show its value, then your marketing is your story.   The most persuasive stories are free from deception. Great stories are allergic to half-truths. On the contrary, a story arising from a genuine belief is what creates connection. Connection creates belief. A belief… keep reading »

Misunderstanding Fairness

Fairness means something different to everyone. If you put a group of people in a room they could probably come up with a definition of “fairness” that they all agree upon. However, it is unlikely they will all agree what “fairness” means in any given situation. Thus, when a juror says they can be “fair and impartial” that does not… keep reading »

“Warning Labels”

Do you really need instructions telling you not to hold a chainsaw by the blade – probably not. So why do you need a warning label? Because danger and risk are not always so self-evident. Sometimes the fine-print contains things less obvious than the dangers of holding a chainsaw by the wrong end. CRITICAL MEASUREMENTS There are times when a… keep reading »

Escape Velocity

Escape Velocity is the minimum speed that a body must reach in order to escape from the gravitational field of the earth so that it continues to move away from it. If an object fails to reach that velocity, then it will be stuck in orbit. Eventually that object falls back to where it came from, and you crash. Every… keep reading »

A Touch of Bias

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Ever feel like you’re playing a rigged game?
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What To Look At When You Focus

Here are three thoughts on Focus Groups:  Once you take your case to a focus group, what do you do?   Listen to them.  Hear what they have to say about whether this is “reality law” (is this viable in the real world), what the legal story might be, and did they give you leads for future discovery?  Once you obtain keep reading »

Jurors Make Their Own Closing Arguments

Narratives create narratives. When you hear a story, it pulls up frames from other narratives you have previously adopted. A personalized story telling process occurs in your mind. You take the new story and mold it with your preexisting deep narratives to try to give it meaning. You subconsciously tell yourself, your own subjective story of what the facts mean… keep reading »

The Difference Between a Narrative and a Story

The difference between a narrative and a story is a debatable. Many people use the terms synonymously. Here is my view of the difference. A simple story retells events (real or fictional). A narrative is more complex and narcissistic. A narrative recounts the events from a specific view point of a character (or even an inanimate objects) in a story.… keep reading »

The Real Fight

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What is the real fight about in a jury trial? Jurors vote their morality. That is, their moral view of justice. We make the choice that makes us feel better about our world. We are given information and then we make up our own interpretation of what that information means based our preexisting worldview. Our worldview actually… keep reading »

Your Done, When All You Want Is To Finish

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As you stand before the judge, you hear your opposing counsel say “your honor we have already addressed that issue, there is no need for those questions.  The jury panel has already been instructed on the law.”  The judge looks at you and in a low voice says “counsel your response?” “Your honor, I am unclear as keep reading »