The Litigation Consulting Report

10 Videos to Help Litigators Become Better at Storytelling

Posted by Ken Lopez on Mon, Feb 27, 2012 @ 08:11 AM


storytelling for lawyersby Ken Lopez

In the courtroom, the attorney who has the best chance of winning a case is generally the one who is the best storyteller. The trial lawyer who makes the audience care, who is believable, who most clearly explains the case, who develops compelling narrative and who communicates the facts in the most memorable way builds trust and credibility.

If you follow some basic storytelling and speech making principles as a litigator, you will obtain better courtroom results.  Often these storytelling techniques are used in the opening statement.

But what’s the right way to do this? In law school, some of us were taught to begin our openings in a manner that often started with the phrase, "This is a case about . . . ."  In speech making courses, we are taught to begin with a clever quip or to state one's belief, as I did in the opening line of this article.  Some experts in persuasive communications suggest organizing content in the order of Belief - Action – Benefit, while yet other experts say to use the format of as Why - How - What.

 

So, which is the best way to go?  The simple answer is that the science on the topic is far from settled. In view of that, here are ten 10 videos that will help a litigator tell better stories in opening and become a better storyteller.

  1. Simon Sinek is loved by marketers, raconteurs and persuasion experts for this simple and incredibly compelling TED Talk.  It has changed the way I present information, whether in opening statement, a corporate speech or a blog article.  For litigators, the lesson to follow is to consider his golden circle when preparing an opening.

    Organize your speech on the basis of  why, how, what, not what, how, why.  Don't say, for example, “I represent XYZ pharma company, a great company that is more than 100 years old. XYZ stands here accused of price-fixing. I am asking you today to not reward the plaintiffs because they are simply greedy and serial plaintiffs.”

    Instead say, “The plaintiff is asking you to believe the unbelievable. To find for the plaintiff, you would have to buy the notion that a dozen highly paid executives from a dozen companies and their accountants and their lawyers and their bankers all engaged knowingly in a conspiracy in which they stood to gain very little.  Today, I am here representing XYZ pharma company, and I am asking you to stop plaintiffs from tarnishing our good name and put an end to plaintiff's greed."


     
  2. A Chicago DUI attorney reminds us of the importance of telling a story that is different from your opponent.  All too often I see accomplished defense counsel spending the majority of their case explaining why their opponent's case is wrong rather than telling a different story.



  3. Harvard Law School's Steven Stark introduces his lecture on storytelling.




  4. Ira Glass discusses the building blocks of storytelling. While he is discussing the elements of a journalistic style, his ideas are equally applicable to the courtroom.


     
  5. A UNC Professor lectures on the topic of storytelling and provides three examples of effective storytelling.

     







  6. In this Harvard Business Review interview, Peter Guber discusses the art of purposeful storytelling. He reminds us of the value of not reading from a script.  Memorably, he reminds us that we are in the emotional transportation business.



  7. In this helpful video, litigator Mitch Jackson reminds us of how to share stories with a jury.



  8. Litigator Jeff Parsons discusses how to tell a story and one key to successful storytelling: knowing your audience.



  9. Attorney Jeffrey Kroll moderates a panel on the Power of Persuasive Storytelling.



  10. In 4 minutes, this TED Talk humorously but effectively shows the power of combining a visual presentation, here from an iPad, with an oral presentation.

      



Below are some additional resources on our site and off our site that you may find useful:





 

Tags: Trial Presentation, Jury Consulting, Courtroom Presentations, Juries, Psychology, Storytelling, Opening

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    Authors

    KenLopez resized 152

    Ken Lopez founded A2L Consulting in 1995. The firm has since worked with litigators from all major law firms on more than 10,000 cases with over $2 trillion cumulatively at stake.  The A2L team is comprised of psychologists, jury consultants, trial consultants, litigation consultants, attorneys and information designers who provide jury consulting, litigation graphics and trial technology.  Ken Lopez can be reached at lopez@A2LC.com.


    ryanflax blog litigation consultant 

    Ryan H. Flax, Esq., Managing Director, Litigation Consulting, joined A2L Consulting on the heels of practicing Intellectual Property (IP) law as part of the Intellectual Property team at Dickstein Shapiro LLP, a national law firm based in Washington, DC.  Over the course of his career, Ryan has obtained jury verdicts totaling well over $1 billion in damages on behalf of his clients and has helped clients navigate the turbulent waters of their competitors’ patents.  Ryan can be reached at flax@a2lc.com.


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    Laurie R. Kuslansky, Ph.D, Managing Director, Trial & Jury Consulting, has conducted over 400 mock trials in more than 1,000 litigation engagements over the past 20 years. Dr. Kuslansky's goal is to provide the highest level of personalized client service possible whether one's need involves a mock trial, witness preparation, jury selection or a mock exercise not involving a jury. Dr. Kuslansky can be reached at kuslansky@A2LC.com.

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