The Language Keys to Communicating Damages

• Author: Jim Wren
• Pages: 91-118

53

3. Language

Keys

Chapter 3

The Language Keys to

Communicating Damages

I. It’s Language, Not Math

§3:01 Why Language Keys Matter So Much in Damages Cases

§3:02 The Keys to Effective Communication of Damages

II. Positioning the Case

A. Importance of the Case Theme

§3:10 Themes Make Sense Out of Cases

§3:11 Great Themes Focus on Protecting Community and Families

§3:12 Searching for the Universal Truth That Applies

§3:13 There Can Be More Than One Theme Statement in a Case

§3:14 Stating (or Implying) the Theme in Trial

B. Framing the Case

§3:20 What It Means to Frame the Case

§3:21 Trials Are Framing Battles

§3:22 Frame to Avoid the Risk of Loss

§3:23 Frame to Enhance Significance

III. Using Real Language

§3:30 Reasons to Use Real Language

§3:31 Developing New Language Habits

§3:32 Use Language From the Charge

IV. Telling the Story

A. The Central Role of the Story

§3:40 People Think in Story Form

§3:41 People Remember Stories

§3:42 The Story Includes the Damages

§3:43 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. Language

Keys

PDJ.indb 53 1/30/2015 5:34:31 PM

Proving Damages to the Jury

54

3. Language

Keys

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 Story Is Not Over

§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

C. Practicing Delivery

§3:120 A Jury Trial Is Different Than Making a Speech

§3:121 Develop a Two Minute Version of the Story

§3:122 Practice Telling the Story Everywhere and to Everyone

§3:123 Commit Key Passages of the Opening Statement to Memory

§3:124 Specifically Practice Discussion of Damages

§3:125 Rehearse the Opening Statement Aloud

§3:126 Deliver and Test the Opening Statement With a Focus Group

§3:127 Consider Using a Storyboard to Coordinate the Story

V. Using Metaphors

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

PDJ.indb 54 1/30/2015 5:34:31 PM