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It's happening now; breathing life into the case

Article Abstract:

Trial lawyers need to remember certain principles to keep the jury's attention during opening and closing statements as well as cross-examination. Matters will seem more immediate to the jury if the lawyer uses visualization where possible, taking jurors to the scene. Use of the present tense also underscores the immediacy of events and can be suitable for the examination of witnesses as well. Details will make a case more compelling, but must be woven in judiciously when they seem important. Knowing where to bolster evidence with details is an art.

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

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Hollow words; characterization is the enemy of persuasion

Article Abstract:

Trial lawyers who do not feel comfortable with public speaking should write out outlines of their presentations rather than reading from a script, so they will speak naturally and not sound rehearsed to the jury. They should also let the facts speak for themselves rather than using modifiers that attempt to instruct the jury how to feel. When plain language will do the job, always prefer plain language to legal language.

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

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Making memories: the right words will help the jury see your case better

Article Abstract:

Juries need more than to hear a lawyer speak, they need an attorney's words to create vividly a clear picture of the attorney's case. Attorneys should use descriptive and lively language. Words best serve attorneys when they resist rhetorical language and use instead short phrases with which the jury can form a picture.

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

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Subjects list: Methods, Trial practice, Forensic oratory
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