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Briefs that sing: a winning argument is more than a stack of legal issues

Article Abstract:

Appellate briefs must have a theme around which to organize the facts into a convincing story. The right theme helps turn a set of facts into a powerful story because facts patterned consistently are more memorable and persuasive than isolated ideas and also suggest a conscious motive without this being explicitly mentioned. Trial attorneys would never proceed without first having a theory of the case and appellate attorneys should do likewise.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
United States

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Opening statements: to be effective with the jury, tell a good story

Article Abstract:

Trial lawyers must learn to tell their opening statements as stories to be effective with juries. People use stories to process information, and lawyers who feed jurors a stack of data will find them making their own stories. Stories should be told visually whenever possible. Stories must be credible and lawyers must call upon the jurors' sense of injustice to persuade them to find for their clients.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
Legal services, Attorneys, Offices of Lawyers, Lawyers

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Taking sides; what happens in the opening statement

Article Abstract:

A humorous account on the importance of opening statements is given. The attorney who gives the jury the opportunity to right a wrong in his opening statement is the one with the best chance of victory. Helping the jury to understand the facts, identify with your client and trust the evidence are important factors. Impact, or leaving a definite picture in the minds of the jury, is also important.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992

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Subjects list: Methods, Trial practice, Forensic oratory
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