In a courtroom, it isn't necessarily the attorney with the
best facts who wins, but the attorney who best explains the relevance of those
facts both to the case and to the
jurors.
Certainly, you need solid evidence, but here we’re talking
about what do you need to get the edge? What, given the usual state of affairs
by the time a case gets to court where both sides believe their evidence is
strong enough to prevail, can you do to give you the advantage over your
opponent?
Explain why. Why does your
interpretation of the facts make sense? Why should the jurors care that their
verdict favor your client? Why should this matter to the jurors? How
does it impact their lives (work, family, children, safety, etc.), preferably
in an immediate and direct way?
Explain through your experts, your lay witnesses, and most
importantly, your closing argument, and of course your opening to the degree
allowed.
We invest in the personal, in that which strikes home.
That's why stories have such impact, they touch the personal. So too with
explanations - make your case matter, not just to your client, but to the
jurors.
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