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Hit themes; weave your facts into a story the jury can follow

Article Abstract:

Trial lawyers need to weave their facts into a story the jury can follow, they set the theme in the opening statement, telling them they are about to sit in judgment on another person and that they are the judges of the case's facts and to determine whether plaintiff or defendant is telling the truth, then indicating some of the key upcoming testimony. The lawyer might choose to end every witness's questioning by using a theme question. In the final argument the lawyer reinforces the theme and might also use judgmental themes for which the jury is not ready in the opening statement.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
United States, Forensic oratory

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Jury voir dire; getting the most out of jury selection

Article Abstract:

Skilled trial lawyers understand that the groundwork for a case is laid during voir dire. One goal of voir dire should be to begin building a relationship with the jury. This can be done by asking open-ended questions which may lead jurors to open up about their attitudes. This information will help the attorney later in the case when deciding how to fashion arguments and which testimony to emphasize. Lawyers should also introduce prospective jurors to rights and wrongs underlying a case as well as ascertaining their attitudes about returning large damage awards.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
Jury selection

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Be the lawyer the jury wants to follow

Article Abstract:

To influence a jury, an attorney must guide them through the case, not allowing rhetorical style to obscure presentation of facts. A good attorney will be clear, develop a deep understanding of the case, concentrate on facts not procedure, be demonstrative and never mislead jurors or judges.

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

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Subjects list: Methods, Trial practice
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