How to Frame the Damages Story

• Author: Jim Wren
• Pages: 91-116

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3. How to

Frame the

Damages Story

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

3. How to

Frame the

Damages Story

Proving Damages to the Jury

3-2

3. How to

Frame the

Damages Story

2. 2nd Principle: Provide Context

§3:60 The Importance of the Context

§3:61 Deciding on the Context

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

V. Preparing for Delivery

§3:150 A Jury 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