What stands in our way, or more properly, what stands“ most in the way of most of us” from being an effective jury advocate? At the deepest levels of psychology, it is fear. This fear expresses itself behaviorally in dry, rote presentations devoid of passion and creativity.
When I asked Peter Richter of Miller Nash,“ What is the stuff of great trial lawyers?” he said it is“ preparation, imagination, and passion.” I, too, think it is three qualities. I say it is“ hard work, creativity, and passion.” It is obvious Peter and I are in agreement.
This paper doesn’ t rate the three attributes in terms of importance, but I do submit there is a dearth of creativity and passion in the courtroom. I offer my thoughts on why that is and suggest how any lawyer can acquire these attributes. The bottom line is in order to be an effective trial lawyer, you must be persuasive. That’ s what this paper is about.
As smart lawyers, we try to think our way out of the problems. We analyze, categorize, and fractionalize everything over and over and over again.
The Trial Lawyer 81