What do you need to persuade?
 Theme
 Story
Theme & Story
 Go
hand-in-hand
 Theme
 The
explains the story
story carries the theme
Theme
 Short
 Captures
the essence of your story
 Resonate
with jury or judge
 Moral
high ground
 Expectations
about human nature
Theme
 Becomes
first sentence of opening
statement:
 “This
is a case about . . . .”
 “We
are here today because . . . .”
Why a Story?
 Hardwired
stories
to listen to and respond to
 Provides
structure and meaning to
complex facts
 Best
story wins
Why?
 Dislike
receiving conflicting information
 “Cognitive
 Dislike
dissonance”
choosing between different versions
What makes a good story?
 Generally
consistent with the evidence
 Plausible
 Grabs
 How
the moral high ground
it is told
Best Story will win!
 Stick
to your story
 You
can ignore bad evidence if you have
a good story.
 Why?
Because the jury will.
Trial is NOT a Debate
 Don’t
need to respond to every point
raised by the other side.
 KISS-SS
Persuasive Techniques
 Where
to stand?
 Notes?
 Be
yourself
 Permission
to make a mistake
Art of the Understatement
 Facts,
 Save
not characterizations
a few good facts
 Deliver
more than you promise
Why Opening Statement is
Important?
 80%
of jurors make up their minds
after hearing the opening statements
and do not change them.