First, The Storyteller.
As a trial lawyer you’re first, the storyteller. You tell your story in your initial complaint, in every deposition you take, in every pleading you file. You tell your story at trial, in your opening, with every cross, and when closing. You tell your story every time you file a motion or response. Whatever you file is about whatever you want it to be about – your story. It matters little what your opposition wants to waste time about, oft times to distract jurors and the court from the real story. Spend your time on your story. What your story is really about.
As a storyteller, stay mindful what a story looks, feels and sounds like. Think about movies and plays and stories that you like. They have 3 parts. Invariably. There is always a beginning, a middle and an end. It’s the same for you and your story. It too has a beginning a middle and an end. Every time. When telling portions of your story they too have a beginning a middle and an end. Focus too on the facts. They are the lifeblood of your story. Never conclusions. Focus on what you can see and hear and feel. What you can taste and touch and smell.
Documents have their own stories too. If you have an important document, tell its story too. Make it important. Rather than introduce the document, explain who wrote it and how many people it took to write it. On cross introduce the jurors to the people who signed it, how many people signed it, the board that approved it, when and where they met, how they all voted, how it’s been approved again and again every other year for 11 years now.
Like any story, whatever your case spends the most time on is what it’s about. Embrace every opportunity to tell your story. Every time opposing counsel files a motion is another opportunity to tell your story. Whatever their motion is about, your response is always another opportunity to tell your story. Tell it well. Tell it often.
That’s the way you’ll win. That’s the way you’ll change things, too.
Until next time,
James Hugh Potts II
We Win. Things Change.