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Continued > Page 3 - Lessons from LA Law In one sense, distilling a case to its essentials is nothing new. One of the most famous trial lawyers of all time, Abraham Lincoln, perfected this technique to a fine art 140 years ago. He had a single-minded power of concentration, thinking "slowly, methodically, deeply, as he tried to find the 'nub' of the question and strip it of irrelevance." 3 Through this process, he would boil the case down to the crucial points and present only these to the jury. Having read all of this theory, you now ask, "That is well and good, but what specific techniques do you use?" This article will discuss how the methods of television can be applied in the courtroom. I will focus on four areas: * delivering the visual knock-out punch * scripting the opening statement - telling a story and very little else * using videotape to distill the essentials * streamlining direct examination Visual Knock-out Punch In the last few years, I have tried to identify the pivotal points on which a jury's decision is likely to turn. I then use these points in one combined visual and verbal message which is so persuasive that the jurors say to themselves, "That's it, that's all I need to know about liability in this case." I call these individual panels "liability flashcards", which is the most effective way to deliver a visual knock-out punch to your opponent. I cannot attribute this technique to the influence of "L.A. Law" alone. It is an outgrowth and a reflection of living in a visually oriented society, where one photograph and a slogan in a good advertisement can influence millions to buy a product. Following discovery in Washburn v. Mid-Mountain Contractors , 4 a propane explosion case I tried last year, I assembled a liability flashcard which showed sequential photographs of the 800 foot scene of the accident and displayed them in a five foot wide panel. Shown this way, they produced a wide screen "cinerama" effect. I had a graphic artist draw a picture of the pipeline that caused the explosion beneath the pavement shown in the photographs. Under this picture, I listed the "ten sins" of the defendant corporation - liability facts of what it did to cause the accident. >>NEXT
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