Latest Posts
Legal Storytelling
A Touch of Bias
Ever feel like you’re playing a rigged game? keep reading »
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… 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
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 changes what we… keep reading »
Your Done, When All You Want Is To Finish
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 to the prosecutor’s… keep reading »
The Package
I bought a back support for my office chair at Bed, Bath and Beyond. It works wonderfully. It even has a heating function. However, I still feel that there is something wrong with it. The item I wanted was the last one on the self. The cardboard packaging was torn in several places. Someone had attempted to recreate the box… keep reading »
The Second Worst Question
People who lie, cheat and steal normally don’t admit that they lie, cheat and steal. Thus, it is reasonable to assume that a deceitful person, would act deceitful, when asked a question about how truthful they are. So, what do you think would be the benefit of asking a deceitful person: “are you a liar?” That would probably be the… keep reading »
100% aimed at 2%
I am going to make you a bet. I will bet you that 100% of your arguments at trial hit your target only 2% of the time. This of course presumes that your target is the decision making part of a juror’s mind. The bet also presumes that you make rational and logic based arguments that are crafted to appeal… keep reading »
When You Expect Everything You Never Get It
Has this ever happened to you? keep reading »