how to come up with a theme for the defense lawyer

To persuade a jury, an attorney must develop case themes that help organize the diverse case facts and convey the case theory. Developing persuasive and powerful case themes can be aided by trial consultants who understand themes already circulating in that community and in the general culture that relate to the trial issues.”

Full Answer

Does the plaintiff’s attorney need a theme?

The Plaintiff’s attorney likely remembers from trial advocacy CLE’s that she ought to have a theme to address some of these facts. At the same time, the attorney may not know the cognitive and psychological reasons that themes work. There are three ways of looking at why a theme works:

What is the best theme for a legal argument?

Ultimately, the best theme flows naturally into your own patterns of argument and advocacy, and fits naturally with the facts of your case. Think of the musical meaning of a theme – not the “theme song” but the theme itself, and there is a definite parallel.

How does a theme work in a litigation case?

How a theme works depends to a large extent on the specific challenges faced by your side in litigation. Just to serve as a running example, consider a fictional employment case¹ in which a female worker, Rhonda Webb, was employed in an otherwise male-dominated manufacturing jobsite at a company, Nordick.

How do you write an opening statement for a defense attorney?

In your defense opening statement, your job is raise some doubt in the jurors minds about the prosecutor’s claims as to what your client has done. So after you introduce yourself, and tell the jurors who you represent, you should begin to highlight the facts in the case that support your defense theory.

How do you create a case theme?

In developing a theme, don't wait until trial -- develop it early. From the moment you first meet with the client, think about why the case is important and what makes the case stand out. Talk to neighbors, friends, and colleagues. Run the case by them.

How do you come up with a theme for an opening statement?

An effective opening statement is built around a theme that can be summed up in a simple word or phrase or in a single sentence. The theme developed should be straightforward, clear, and designed to catch and hold the jury's attention. It should get directly to the heart of the dispute.

How do you write a good opening statement for defense?

A strong defense opening statement will do the following:Tell a story. ... Plant the defense themes. ... Make concessions only with great caution. ... Make the defense case concisely. ... Humanize the defendant. ... Make no promises about the defendant testifying. ... Argue the defendant's case. ... End on a high note.

What are themes in a case?

2) the case theme is the primary mental organizer that helps jurors remember the facts, 3) a good theme enables jurors to look for evidence that "fits" the story and to disregard evidence that does not "fit," and. 4) themes facilitate evidence comprehension and enable juries to reach pre-deliberation verdict decisions.

What are 3 things you should always include in an opening statement?

Opening Statement Checklist State your theme immediately in one sentence. Tell the story of the case without argument. Persuasively order your facts in a sequence that supports your theme. Decide whether to address the bad facts in the opening or not.

What you want to tell a jury in an opening statement?

In the opening statement, a lawyer should provide the jury with a theme that will serve as a framework for every piece of evidence the jury hears during the case. The theme should communicate how the evidence will fit together, and why your client's position in the case is the right one.

How do you write a defense argument?

Here is a template and suggestions for writing a defense closing:The Greeting. ... The Thank You. ... Lack of Evidence. ... Echo Themes and Theories. ... Critiquing the State's Case. ... Burden of Proof. ... Highlight the Testimony from Your Witnesses. ... Conclusion.More items...

What is a Defence statement?

A defence statement provides an opportunity for the defence to comment on the evidence presented so far by the prosecution and set out any points and issues that the defence team want to be brought to the prosecution and court's notice.

What are examples of opening statements?

Some examples:“This is a case about taking chances.”“Mary Jones had a dream and a plan.”“Revenge. That's what this case is all about.”“This is also a case about pain. Mr. Johnson's only companion today is constant pain.”“This is a case about police brutality”

What is a theme in law?

Theme is the underlying thought of an article or discourse. In the law of copyright, the underlying thought presented in an original way, characterized by novelty or embellishment, so that it becomes the literary property of the author in the exclusive use of which s/he is entitled to protection.

What are examples of themes?

Six common themes in literature are:Good vs. evil.Love.Redemption.Courage and perseverance.Coming of age.Revenge.

What are trial themes?

The trial theme: A society ideal It is an ideal that no one can really dispute as being righteous. The goal is to make the theme simple, understandable and indisputable. The theme will be your mantra during all aspects of the trial from voir dire, opening statement, direct and cross examinations to closing argument.

What do you need to do before trial?

To set yourself up for success, you must fully investigate the case, argue necessary pre-trial motions, and develop a defense theory.

What to do if client refuses to pay?

Instead, you must diligently defend your client until you properly terminate the representation. If a client refuses to pay, you may need to file a motion with the court asking to be let off the case.

What happens if a witness says one thing in front of the jury and another thing at trial?

If the witness said one thing in front of the grand jury and another thing at trial, you can impeach them. Raise someone's felony conviction. If a conviction is recent enough, you may be able to raise it to undermine the witness' credibility. ...

What happens if you fail to suppress a motion to suppress?

Move to suppress statements. In federal court, if you fail to raise a motion to suppress before trial, then the issue is waived. Your client can't even make a plain error argument on appeal. Accordingly, take the time to write a motion to suppress any unconstitutional statements or identifications.

Why do you file a motion to dismiss?

Be aggressive and push your advantage by raising as many reasons as credibly possible: there was no probable cause for the arrest. the criminal complaint or other charging document is improper. there is insufficient evidence to prove your client guilty.

Why do you need a story to counter a theory?

You need a story to counter the state's theory. For example, you might argue that your client acted in self-defense because the victim also had a knife. To be persuasive, your theory must be supported by facts. In the example above, a knife should have been found on the victim or near their body.

Who is the main witness in a domestic violence case?

For example, in a domestic violence case, the main witness is probably the victim —who might not show up to testify. The prosecutor knows this, so they might be willing to cut a deal. It's your client's decision whether to accept a plea bargain. You can offer your advice, but it is their decision.

How to be a good defense lawyer to win the case

Most of the time, a defense lawyer has to work outside the court. It takes a lot of effort. To get a good result for any case, you have to investigate appropriately for the case.

Defending your client

You must know how to defend your client. To be a good defense lawyer defending your client at the trial is the main priority.

Conclusion

Being a good defense lawyer is great. But maintaining your status as a good defense lawyer is not easy. That’s why you need to work hard for every case doesn’t matter the case in big or small. In this article, I have discussed how to be a good defense lawyer. I hope the above information will be beneficial when you practice.

What is the job of a defense lawyer?

The defense lawyer’s job is to make sure that his or her client gets a fair trial, and that means that the defense lawyer must advocate for the client’s point of view. An mock trial opening statement is scored both on the content and also on delivery.

What happens when a defense lawyer is acquitted?

Usually when a defendant is acquitted (found “not guilty”), the jurors make that decision based on the fact that there was some small measure of doubt in their minds as to the defendant’s guilt.

How long is the opening statement in a bench trial?

Usually for a bench trial, the opening statement is less than one half in length , and less time is put into the planning because judge’s don’t value the opening as much. But I do think you want to let the judges know what your strong points are ahead of time, much like a jury trial.

Is opening statement important?

Yes, it is an important distinction to make. Opening statements are for outlining your case or “telling a story”, and closing arguments is for summing up your case and arguing. However, sometimes I will sometimes sneak a little arguing into my opening.

How does a case theme impact the jury?

When you develop a powerful case theme, you give the jurors a lens through which they will view the evidence in your case.

What is a tagline in a movie?

A tagline is simply a short phrase or two that helps explain the movie. A good tagline will resonate with the moviegoer, sticking. in his head even after he walks away from the poster, and subtly push him to go see the movie.

Do trial lawyers use themes?

Unfortunately, many trial lawyers never create strong themes for their cases. They know they’re supposed to use themes, but they have no idea how to develop them, or even where to start looking for ideas, and so they never use them. In this article, you’ll discover a great resource for developing case themes.

What is a theme in a case?

A theme which is just about damages, or just about sympathy, or just about causation is not enough to give jurors a general way of viewing the case.

Why do themes work?

At the same time, the attorney may not know the cognitive and psychological reasons that themes work. There are three ways of looking at why a theme works: 1.) A Theme Works Like a Lens. A theme is a way of viewing, or filtering information in a given situation.

Why should a theme be economic?

A Theme Should Be Economical. One of the reasons a theme needs to be general, instead of addressing each issue in the case, is that it needs to be economical. A good theme practices word economy by saying the most in the fewest possible words.

Is a theme easy to use?

It should be easy to say and easy to repeat. Importantly, it isn’t a theme if it is announced just once. It is only a theme if it is worked into several points.

Can jurors be programmed?

Of course, jurors cannot be programmed quite as easily, but by presenting the strongest thematic language before, after, and during the strongest arguments, Rhonda Webb’s attorney can create a theme that cues jurors to recall the best case strengths.

What percentage of lawyers prefer to make decisions based on detached objectivity?

They concluded that 78% of lawyers (link) prefer to make decisions based on detached objectivity rather than taking into account personal feelings or values. This might seem the most reasonable approach to take to ensure a fair and effective justice system. After all, everybody is entitled to receive a fair trial.

Do defense attorneys think of their religious affiliation?

For instance, it’s more common to see people with more stringent personal moral beliefs (including religion) as prosecutors (or hopeful future prosecutors), while defense attorneys may not think of their religious affiliation as a guiding principle.”.

Do lawyers have barriers to representing themselves?

In many cases, there are no barriers to stop people representing themselves when, for example, a lawyer knows beyond a shadow of a doubt that they are guilty of a crime. This raises some interesting ethical questions for defense lawyers: Does representing somebody a lawyer suspects to be guilty of horrific crimes raise any ethical difficulties ...

Can a lawyer defend a person they believe to be guilty?

And recusing oneself from a case in which a defense lawyer no longer believes they can defend a person they believe to be guilty may be, depending on how one looks at the result, simply pushing the problem on to the shoulders of another defense lawyer.

Can a lawyer suspect a defendant is guilty of mass murder?

There are certain cases that hit you on a human level. But we’re trained to shake it off and deal with it clinically and unemotionally.”. A lawyer might strongly suspect that a defendant is guilty of premeditated mass murder, for example, but they are obligated to help the accused and not their potential victims.

Did Stroud provide evidence to the defense?

In the original case, Stroud failed to provide evidence to the defense that would have helped Ford’s case. Stroud now says that he was more interested in winning than justice. Stroud has since apologized and intimated that he feels haunted by his part in Ford’s conviction.

What is a compelling theme in trial?

A compelling theme should be the backbone of every trial strategy. A trial theme allows for the presentation of evidence in a manner designed to educate and, ultimately, help persuade a jury to determine facts in a client’s favor. This article addresses and combines two concepts: (1) “thin-slicing”—the act of reaching immediate, ...

How to persuade a jury?

To persuade a jury, an attorney must develop case themes that help organize the diverse case facts and convey the case theory. Developing persuasive and powerful case themes can be aided by trial consultants who understand themes already circulating in that community and in the general culture that relate to the trial issues.”.

Why use the Rule of Three?

Using the Rule of Three allows you to express concepts more completely, emphasize your points, and increase the memorability of your message: That’s the truth, the whole truth, and nothing but the truth.”.

Why is the rule of three important?

As John Kinde writes on his website, humorpower.com, the rule of three is particularly useful in comedy writing because “a funny line . . . is like a train wreck. You know where the train has been, you think you know where it’s going, but then you’re surprised when it goes off track.”. So the rule of three sets up the joke and makes it memorable.

What is the form of memory defense in Irving case?

Normally this takes the form of claiming coercion, in Irving’s case it takes the form of the “memory defense”. The second is to claim that the government should have known this because the confession itself is internally inconsistent and therefore demonstrates that the defendant didn’t know what he was saying.

What does the prosecution's opening demonstrate?

The prosecution’s opening should demonstrate that the prosecutor is a neutral party representing only the people of the United States and the rule of law. The prosecution’s tone may tinge on the sorrowful, like a parent disappointed in a wayward child.

What is the position of the defendant in the courtroom?

The positioning of the defendant in the courtroom is a critical element of the defense strategy. If the defendant is slimy or scummy looking, you try to position him as far away from the jury as possible and put a big lawyer or paralegal in front of him to block the jury’s view.