Storytelling is No Substitute for Mastery of the Evidence

A lot of trial lawyers extol the virtues of storytelling when they talk about developing winning strategies. And while I love a good story as much as the next lawyer, jurors are being sold short if your trial strategy relies too heavily on a well-told story alone.

Want to know what really sells? Take a look at the display windows at Neiman Marcus, as an example. If you’ve ever strolled by the high-end department store, you may have noticed these elaborate and beautiful glass-encased displays. The next time you walk by, take a closer look and you’ll see it’s more than just pretty. Those windows are actually well-thought-out tableaus, meticulously designed by artists with an appreciation for subtlety, an attention to detail and a facility for subliminal storytelling. They know their audience and the subject matter they have to present.  Read more

Lessons from the John Wiley Price Trial

I recently observed the John Wiley Price public corruption trial as a commentator for Fox 4 News.  Price, a longtime Dallas County Commissioner, was charged with public corruption, mail fraud and tax fraud. After an eight-week trial and eight days of deliberation, he was acquitted on the public corruption and mail fraud charges and the jury deadlocked on the tax fraud charges.

The government had a lot riding on this case.  The FBI had been investigating Price and some of his business associates since the early 2000s. So, it was educational, as a litigator, to watch such a high-stakes case play out and ultimately unravel under the glare of the public spotlight. Read more