 Memorable
your theory
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word or phrase that summarizes
Emotionally compelling
Incorporate jurors sense of fairness and universal
truths
Simple
Focus on people, not issues
 Should
translate “legalese” into simple,
compelling, human propositions that are
consistent with the attitudes jurors already
hold about people, events, and life in
general
 Jurors
instinctively use themes to reduce the
large amount of information they hear into
something they can easily remember – so
attorneys should select a theme for them!
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A theme can be a single word or a short phrase
(“This is a case about taking chances.”)
Include key words that the jurors will hear again
during witness testimony and the closing
argument

Libel/Slander case:
Defense: Lukas Reiter was caught red-handed, and now he wants
someone else to pay for his affair.
 Plaintiff: Richard McKyton made a jealous jump to conclusions.
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
Murder/Self Defense case:
Defense 1: With her back up against the wall and her roommate
threatening to kill her, Ms. Hughes had run out of options.
 Prosecution 1: Pat Hughes took the law into her own hands.
 Defense 2: Facing death, Sarah Baker did what all living things
are instinctively programmed to do . . . she defended herself.
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Counterfeit case – missing “other suspect”:
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Defense: Reggie Jefferson had the perfect cover: A trusting
roommate with the same initials.
Negligence:
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Defense: It is every driver’s worst nightmare. A small child darts
into the road.
 Your
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side’s version of “what really happened”
Logical
Fit the legal requirements of the claims or
defenses
Incorporate all the uncontested facts and your
side’s version of the contested facts
Be simple to understand
Be consistent with the jurors’ common sense and
their perception of how real life works

Tell a story

Focus on the people, not the problem
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Make the story vivid
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Re-create the incident
Make it emotional and dramatic
KEEP IT SIMPLE.
KEEP IT SIMPLE.
KEEP IT SIMPLE.
Be logical and concise
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
Who are the important players?
Character sketches
 Think about how the different parties will be perceived by the
jury
 How does each want to portray those people?
 Look to the testimony to find good descriptors of the person
Personalize your party
Walk the jurors through the events in chronological order.
Anticipate the other side’s weaknesses
 Don’t
overstate the evidence
 Don’t include your personal opinions
 Don’t argue -at least not in an obvious way 
1.
2.
3.
4.
5.
6.
7.
8.
Introduction
Parties – introduce essential people
Scene – paint a picture for the jury
Issue – what is the main issue?
What happened – get the jury to believe
your side of the story
Basis of guilt/non-guilt – why your side
should win
Anticipating and refuting the other side
Conclusion - Simply and directly tell jury
that facts of the case will support his/her
side, and ask for a verdict.
1.
2.
3.
Grabber beginning – quick summary of
theme/theory that draws jurors in
Introduction – who are you and who do you
represent? (or do this first)
Facts/Witnesses – Tell the story
1.
4.
5.
Paint the scenes and introduce the players as
they come up
Short close – return to/restate your theme
Charge the jury – tell them what you’re
going to ask them to find