Crafting your case theory and narrative structure (with case study)

• Pages: 107-172
• Author: Jonathan Dichter

CRAFTING YOUR

CASE THEORY

1A-1

CHAPTER 1A

CRAFTING YOUR CASE THEORY

AND NARRATIVE STRUCTURE

(WITH CASE STUDY)

I. WHY STORYTELLING?

§1A:01 Introduction

§1A:02 The Power of Story

§1A:03 The Science of Story

§1A:04 Lawyers Can Be Honest Liars

§1A:05 Seize the White Hat

§1A:06 Six Rules of Storytelling

§1A:07 Storytelling Techniques to Experiment With – First Person Narrative

II. CRAFTING YOUR CASE THEME

§1A:20 Work Backwards from Your Conclusion

§1A:21 Case Study Facts: State v. John R.

§1A:22 How to Construct a Good Theme

III. CARRYING YOUR THEME THROUGH THE TRIAL

§1A:30 Once Upon a Time: Your Opening Statement

§1A:31 Creating Engaging First Lines

§1A:32 Opening Statement: Sample Bullet Point Outline

§1A:33 Telling Your Story Through Cross-Examination

§1A:34 Make the State, not the Officer, Your Villain

§1A:35 Happily Ever After: Your Closing Argument

IV. TRIAL TRANSCRIPT: STATE V. JOHN R.

• Introductory Remarks and Voir Dire by the Court

• Voir Dire by the State

• Voir Dire by the Defense

• Additional Voir Dire by the State

• Challenges to Jurors and Seating of Jury

• Opening Statement by the State

• Opening Statement by the Defense

• State’s Witness Is Sworn

• Direct Examination by the State

• Cross-Examination by the Defense

• Redirect Examination by the State

CRAFTING YOUR

CASE THEORY

Innovative DUI Trial Tools 1A-2

• Recross Examination by the Defense

• State and Defense Rest; Court Instructs Jury

• Closing Argument by the State

• Closing Argument by the Defense

• Rebuttal Argument by the State

• Jury Deliberations and Verdict

CRAFTING YOUR

CASE THEORY

1A-3 Crafting Your Case Theory and Narrative Structure (with Case Study) §1A:03

I. WHY STORYTELLING?

§1A:01 Introduction

Throughout this book, I discuss using storytelling in your trial practice. How do you craft a narrative that

is convincing, compelling, and understandable for a jury? How can you “storytell” your way into a not guilty

verdict? I’ll guide you through my entire process from your “once upon a time” to your “happily ever after” with

an actual case of mine.

In this chapter, I touch on every aspect of a trial, from jury selection to closing argument, as it relates to this

case study and discuss how storytelling ts into these trial skills. If these tactics dier from tactics featured else-

where in the book, recognize that your arsenal has many weapons. Storytelling is just one of the most eective

in my experience.

Let’s consider why this approach is so important.

§1A:02 The Power of Story

“What unites people? Armies? Gold? Flags? No. Stories. There’s nothing in the world

more powerful than a good story. Nothing can stop it. No enemy can defeat it.”

—Tyrion Lannister, Game of Thrones

Tyrion is correct. A good story is unstoppable. Let’s discuss why storytelling works. Understanding why

you’re doing something is far more important than the actual “what” you’re doing. TED Talks, YouTube videos,

and motivational speakers around the country know that until you understand why you’re doing something, you

aren’t doing it as well as you could or should be. Motivational speaker and comedian Michael Jr. said it best:

“When you know your why, your what means more.”

Captivating your audience (the jury) right from the start is critical and jurors are not captivated by lectures.

They are captivated by stories that have meaning and emotion and power behind them. So often we, as lawyers,

are learning from the wrong people. We learn from Abraham Lincoln, F. Lee Bailey, and more of the great orators

and lawyers in history. While they have good lessons we should learn, if we speak like them, we are alienating

our audience, who does not. They do not teach us to connect.

So who should we be listening to? People who are successful at connecting with strangers: Hollywood, business

and technology leaders, salespeople, entertainers, and more. These industries are built on the idea of connecting

people to each other and creating action on their part: a sale, an emotional experience, etc. If Hollywood can create

an emotional impact on thousands of strangers in a two-hour timeframe, you should be able to do it with six to 12

strangers over the course of a few days.

“The most powerful person in the world is the storyteller.

The storyteller sets the vision, values and agenda of an entire generation to come.”

—Steve Jobs

Apple’s visionary former head guided our world into a new ecosystem of technology with simple storytelling

techniques such as “…one more thing.” He built dramatic tension and made every word count, so we listened.

To understand why, we need to explore some science—specically brain science.

§1A:03 The Science of Story

An avalanche of research conducted over the last decade teaches us that our brains are hardwired to think in,

listen to, and connect with stories and narrative.

A process called neural coupling allows stories to activate parts of the brain letting listeners turn the story

into their own ideas and experiences. Our brainwaves actually synchronize with other listeners and the storyteller

in a process called mirroring.