The Litigation Consulting Report

Lists of Analogies, Metaphors and Idioms for Lawyers

Posted by Ken Lopez on Fri, Mar 16, 2012 @ 01:03 PM


analogy metaphor lawyersby Ken Lopez

The task of a trial lawyer is to convince a judge or jury to believe in the truth of a client’s case.  However, in many complex trials, the underlying facts are not as easily understood by the fact-finder as they would be in, say, a murder case or a traffic accident. A case, especially the type of litigation that we are involved in, often turns on complex issues of science, medicine, engineering, or some other subject that jurors and many judges are not well versed in.

How does a lawyer move from the arcane to the everyday and get jurors to follow along? Enter the metaphor, simile, or idiom.

We use these “figures of speech” all the time in conversation, often without realizing we are doing so.  Whenever we say we need to “level the playing field” or “push the envelope” or “draw a line in the sand,” we are using a metaphor. When we say something is “as dull as dishwater” or “as slow as molasses,” we are using a simile. When we tell a friend to “break a leg” for good luck, we are using an idiom. 

Briefly, a metaphor is a figure of speech that uses one thing to refer to another as a means of making a comparison between the two. A simile actually makes the comparison between two dissimilar things directly with the use of the word “like” or “as.” An idiom is an expression that is more than the sum of its parts (think “raining cats and dogs” or “spill the beans”); it is usually based on a metaphor, though the metaphor may be a bit “buried” after centuries of use. These figures of speech have one thing in common: They are all used as analogies, to compare one thing to another.

In a trial, a lawyer can use a metaphor to show the jury how something works or how an event occurred, based on an analogy to another thing or process that jurors know well from their everyday lives. For example, in an antitrust case, when describing how a group of competitors squeezed another company out of the market by denying it the opportunity to buy a needed product, the lawyer might tell the jury that the conspirators choked the life out of the other company as if they had denied it the air it needed to breathe.

Ray Moses of the Center for Criminal Justice Advocacy, a Texas-based nonpartisan, grassroots training resource that helps lawyers become competent criminal trial practitioners, writes well about analogies and metaphors.

“Jurors remember facts and concepts that are familiar to them or that can be analogized to familiar subjects,” Moses writes. “Those who aspire to be effective communicators and persuaders must learn to argue by analogy and to explain by stories. This is particularly true when we are seeking to clarify and tie together complex facts, abstract ideas, or legal concepts. If facts or legal issues become overcomplicated, jurors become overwhelmed. It is here that an appropriate analogy may assist the jury in comprehending the import of the evidence that has been dished out during testimony, assessing the credibility of the sources of evidence, and/or understanding the application of law to facts that are found to be true.”

Below are a number of websites that are useful in finding the best analogy, metaphor, similie or idiom to use in your case: 


Below are some additional resources on the A2L Consulting site:




using analogies metaphors with demonstrative evidence

Tags: Litigation Graphics, Trial Presentation, Courtroom Presentations, Trial Consulting, Demonstrative Evidence, Juries, Articles

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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.


    dr laurie kuslansky jury consultant a2l consulting
    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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