How to frame the damages story
| Author | Jim Wren/Laura Brown |
| Pages | 73-92 |
HOW TO FRAME
THE DAMAGES STORY
3-1
CHAPTER 3
HOW TO FRAME
THE DAMAGES STORY
I. IT’S STORY, NOT MATH
§3:01 Why Language Keys Matter So Much in Damages Cases
§3:02 What It Means to Frame the Case
§3:03 Frame to Avoid the Risk of Loss
§3:04 Frame to Enhance Significance
§3:05 The Keys to Framing the Powerful Damages Story
II. WHAT PROBLEM IS YOUR CASE ABOUT?
§3:10 Why “the Problem” Matters
§3:11 How to Identify “the Problem”
§3:12 How to Express “the Problem” to Jurors
III. WHAT UNIVERSAL TRUTH SHOULD THE JURY APPLY?
§3:20 Understand What Constitutes a “Universal Truth”
§3:21 Themes Based on Universal Truths Make Sense Out of Cases
§3:22 Searching for the Universal Truth That Applies
§3:23 There Can Be More Than One Theme Statement in a Case
§3:24 Stating (or Implying) the Theme in Trial
[§§3:25-3:39 Reserved]
IV. WHAT IS THE STRUCTURE OF THE STORY AT THE HEART OF YOUR CASE?
A. The Central Role of the Story
§3:40 People Think in Story Form
§3:41 People Remember Stories
§3:42 Not Just Any Story Will Do
§3:43 The Story Includes the Damages
§3:44 Seven Principles of Story Telling
B. Seven Principles for Developing the Story
1. 1st Principle: Start the Story in the Right Place
§3:50 Start With the Defendant’s Bad Choices
§3:51 Avoid Starting With Your Client
§3:52 Avoid Starting With Damages
§3:53 Exceptions
2. 2nd Principle: Provide Context
§3:60 The Importance of the Context
§3:61 Deciding on the Context
HOW TO FRAME
THE DAMAGES STORY
Proving Damages to the Jury 3-2
3. 3rd Principle: Show Motivations of the Characters
§3:70 The Importance of Motivation
§3:71 Build Around Archetypes Rather Than Stereotypes
4. 4th Principle: Make Jurors Part of the Story
§3:80 The Difference From Movie Stories
§3:81 The Case Story Is Still Developing
§3:82 The Jurors Are the Heroes
5. 5th Principle: Focus on the Moral Significance of the Story
§3:90 Jurors Want Significance
§3:91 Why the Case Matters
§3:92 How to Say That the Case Matters
6. 6th Principle: Use Classic Plots and Themes
§3:100 Classic Plots Are Familiar
§3:101 Three Basic, Classic Plots
7. 7th Principle: Examine Plausibility
§3:110 The Story Must Fit With Common Sense
§3:111 Schemas and Scripts
§3:112 Testing and Solving Plausibility Problems
[§§3:113-3:129 Reserved]
V. WHAT ARE THE BEST METAPHORS FOR THIS STORY?
A. The Value of Metaphors
§3:130 People Think in Metaphors
§3:131 Metaphors Are More Powerful Than Similes
§3:132 Metaphors Help People Understand New Information
B. Finding the Right Metaphor
§3:140 General Points
§3:141 Align With What People Naturally Value
§3:142 Draw From Life Experiences
§3:143 Draw From Stereotypes
§3:144 Draw From Local Culture
§3:145 Draw From Well Known Stories
§3:146 Draw From Common Associations
§3:147 Brainstorm With Outside Participants
§3:148 Test the Metaphor by Attacking It
VI. PREPARING FOR DELIVERY
§3:150 A Jur y Trial Is Different Than Making a Speech
§3:151 Develop a Two Minute Version of the Story
§3:152 Practice Telling the Story Everywhere and to Everyone
§3:153 Commit Key Passages of the Opening Statement to Memory
§3:154 Specifically Practice Discussion of Damages
§3:155 Rehearse the Opening Statement Aloud
§3:156 Deliver and Test the Opening Statement With a Focus Group
§3:157 Consider Using a Storyboard to Coordinate the Story
FORMS AND SAMPLES
3-1 Illustration of Positive and Negative Metaphors
3-2 Illustration of War Metaphors
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