You hear it all the time, I’ve said it myself[1], being a good trial lawyer requires you to have the ability to craft a good story. But that’s a little like telling somebody how to build an airplane by telling them how to fly one. Let me suggest you begin becoming a good storyteller by first becoming a good listener.
I say this because I’m confident you’re never going to be William Shakespeare crafting words with form and meter into works of art. But, think about it, how do you think he came up with “ay there’s the rub…?” I looked it up and found scholars say in the 1600’s a rub was a flaw in the playing surface of a bocce game.[2] I can clearly picture in my mind the Bard overhearing someone, doubled over in his doublet with ruffs and cuffs showing, complaining about a rub in grass. It might even be true, who knows, not that it matters for our purposes. You don’t have to be the Bard, you just have to listen. [3] . Most importantly, you have to listen to your clients so you can tell their story in their own words.
Acetylene is an explosive hydro-carbon gas manufactured for use in welding and cutting torches.[4] My client was seriously injured when an acetylene tank he was cleaning exploded blowing him through the wall of the sheet metal building where he was working. Good thing the blast bent him over or the steel beam in the wall where he was standing would have decapitated him. Blew his clothes and burned every hair on his body off leaving him standing naked against the chain link fence on the other side of the wall. Now that’s one Hell of a story and the bestv part is I didn’t have to make one word of it up. I just had to listen to what my client said. And the beauty is your word thievery doesn’t have stop with your client. His wife’s saying what she missed most since his accident was not being able to exchange sweet nothings with her husband because of the ringing in his ears. Or his brother when asked if he was in much pain following the explosion saying, “He was in shaking kind of pain like a dog thought it was gonna die!” The hair on the back of the juror’s neck stood on end. I like to think of myself as a pretty good trial lawyer, but I couldn’t have come up with describing pain that way in a million years.
Not only aren’t you a Shakespeare, but you’re also not Steven Spielberg. Know Even great directors listen for the unexpected turn of a phrase that catches the ear. Did you know, Humphrey Bogart’s ”here’s looking at you kid” in Casablanca was an ad lib? The director chose to keep the line in the film and won Best Director in 1944.[6] If you find yourself trying to tell a client what to say instead of listening to what they are saying, know you are well on your way to your witness testifying in a monotone voice that lacks any resonance of truth.
Now, sure, sometimes your witness may need some prodding to open up. Ask them open ended questions that don’t suggest answers[7] like what’s your biggest fear about testifying in Court? Can you tell me more about that? How did that feel? Don’t be surprised to discover some witnesses are just hopeless and don’t make the mistake of thinking you have the directorial where with all to make them stars. Look for an alternative.
Now that you’ve listened, don’t expect the story to tell itself. Someone, and that’s you, has to take the pieces of the story you gathered by listening and make them whole. Shuffle and reshuffle the pieces to find the right order. Practice telling it over and over to iron out the wrinkles. I once heard a very smart lawyer give a seminar on practicing telling your story with an Italian opera playing in the background to add rhythm. He added, you should feel free to substitute whatever music moves you. Now you’re crafting a story.
Always remember they call it practicing law for a reason. Like playing a musical instrument, you get better the more you practice. Never stop learning the art of trial advocacy.
[1] I randomly insert citations to make what I write appear more scholarly.
[2] Google. Who needs AI Chatbot to sound impressive?
[3] When I say listen, I include reading as well. Feel free to use the Bard whenever you can. Think people don’t read Shakespeare anymore? Just say, ‘First thing we do let’s kill all the lawyers …” and see the reactionb you get. Don’t limit yourself to the classics, free free to p-lagerize any poet, songwriter, famous lawyer, or TED talk personalities you admire
[4] Acetylene (systematic name: ethyne) is a chemical compound with the formula C 2H 2 and structure HC≡CH. Aren’t you impressed with my seemingly endless Google knowledge.?
[5] I’m on a Google role.
[6] His name was Michael Cortiz but I figured you wouldn’t recognize his name either.
[7] They’re called hearsay questions.
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