Focus on The Facts.

As a trial lawyer when you’re telling your story, whether in opening, on cross examination or in your closing, focus on the facts. Use one fact after another to tell your story. To bring your story to life. To win your case.  

Do not mistake a conclusion for a fact. Facts tell stories. Facts bring stories to life. Facts win cases. Conclusions do not. Better to describe in great detail what happened with facts rather than share your conclusions.

For instance, you can tell the jurors, “Mr. Smith was exposed to poisonous, lethal, carcinogenic chemicals in a confined space for over 13 years.”   

Or you can tell them your story. “Mr. Smith climbs onto the top of the tank truck. He opens the manhole cover.  He can smell the chemical. As soon as he opens it. He turns away. Sharply. Quickly. The smell is that strong. A bit sweet too. He has a Grinder and a hammer hanging from his tool belt.  A chisel sticking out of his toolbelt pocket. He climbs through the hole down into the dark tank. He has to hold an arm up to get through the hole. It’s tight. Inside the tank, he has to crouch down to move. It’s hard. He can’t stand up without hitting his head. It’s dark save his one light. He can hear the clang of the metal when he moves. When his tools hit the truck tank’s cold steel walls. He can still smell the chemical. It’s not that bad now though. He’s getting used to it. Crouching down and walking his legs cramp. Shining his light onto the hardened chemical. He kneels beside it. Turns on his grinder. It’s loud. The sound has nowhere to go. Grinding. Hammering and chiseling and grinding. It’s dusty. The dust too has nowhere else to go. He can see the dust in his light as he grinds. He thinks for a second about his 7-year-old daughter’s birthday party. Just last week. He breathes in the dust. He has no choice. He has no respirator. No one’s told them the dust is poisonous. Deadly even. Over time. Or that it causes cancer. He stays in the tank. The confined space. For hours. Hammering and chiseling and grinding. It’s dustier now.  Dustier as the hours go by. Breathing in the dust. He has no choice. It’s over 4 hours now. Finally, he comes out. Takes a 15 min break. Wipes the thick layer of dust off his face. Drinks some water. Eats the sandwich his wife made for him. Then back in he goes. For another 4 hours or so. He does this 5 day a week. 52 weeks a year. For 13 years . . .”

Do the same thing on cross-examination. All you have to do is add the question mark to the end of each statement.  

At times let the judge and the jurors draw their own conclusions too. Believe me. They will. Faster than you think. Ask these questions of your focus groups too. Ask your focus group questions like, How do you feel? How would you feel? How did that make you feel? When did you first realize . . . for example, Mr. Smith was in danger? The chemical was poisonous?

Remember. Focus on The Facts. Do that. You’ll win your case. You’ll change things too.  

Until next time
James Hugh Potts II
We Win. Things Change.