EVERYONE HAS A STORY
HOW EFFECTIVE STORYTELLING CAN IMPROVE YOUR ADVOCACY
“WHOEVER TELLS THE BEST STORY WINS.”
WHY SHOULD I USE STORIES?
• Connect
• Engage
• Remember
WHY SHOULD I USE STORIES?
• Stories are remembered up to 22 x more than facts alone (Jennifer Aaker, Stanford)
• When raising money, charities much more likely to use stories than statistics
WHEN SHOULD I USE STORIES?
•
At every phase of the case
HOW DO I GET STARTED?
• What is the theory of your case?
• Theory = story
• Setting
• Conflict
• Characters
DEVELOPING YOUR THEORY
• Consider your Facts
• What are your good facts? • What are your bad facts?
• How do they tell a coherent story?
• Consider your Audience
• What do you know about your judge?
MOTIONS PRACTICE
DISCOVERY
•
Requests for Admission
•
Interrogatories
MOTIONS IN LIMINE
VOIR DIRE
- You have heard my client is charged with bank robbery. Who here would need to hear an alibi in order to find him not guilty?
- If you were charged with a crime you didn’t commit, would you testify in your defense? Why?
VOIR DIRE
False Accusation
Some people think that no one would ever falsely accuse another of sexual assault. They think that no one would put themselves through going to court, testifying in front of a jury.
Do you agree with that? Why or why not?
Can you think of any reasons that someone may say they were assaulted even if they weren’t? Regret
Money
VOIR DIRE
What if we are talking about an “older” woman
Some people think that once women get to be a certain age they no longer want to have sex. No longer think about it, no longer initiate it.
DIRECT AND CROSS EXAMINATION
•
What is the witness’ role in your story?
•
What do you need to elicit to develop your story?
SENTENCING
• “We are seeking a sentence of 3 years for this conviction for Distribution of Controlled Substances; this sentence is sufficient but not greater than necessary.”
LEGAL STORYTELLING PRO TIPS
• Don’t over sell your story - Stick to your facts
• Don’t ignore the bad facts – Embrace them
LEGAL STORYTELLING PRO TIPS
USE DESCRIPTORS
• “My client is 65 years old and has worked construction for his entire life”
LEGAL STORYTELLING PRO TIPS
LEGAL STORYTELLING PRO TIPS
• Primacy/Recency
• Important facts/events at the beginning and end of filing
• Looping
• Perspective
LEGAL STORYTELLING PRO TIPS
• Stay true to your own style
• Decide on key phrases/language
IS IT EFFECTIVE?
• Ask a non-lawyer
OTHER RESOURCES
• The Legal Writing Journal
• https://www.legalwritingjournal.org/wp-content/uploads/2015/07/volume-14.pdf
• Connecticut Bar Association, Legal Storytelling: How to Persuade with Story
•
https://www.ctbar.org/docs/default-source/education/materials/2019-2020-materials/edu200121-legal-storytelling-final-materials.pdf
• Contact Mary or Marci to brainstorm ideas!
