THIS IS A PERSONAL ACCOUNT Assistant District Attorney General - Trial attorney handling criminal cases. Opinions my own.
Law students, Even though almost every appellate court case starts in a trial court, law school does little to help you become a better oral advocate. If you speak to a jury (or any group), work on these three things: 1. Primacy and recency - people remember what they hear first and last. 2. Plant your feet - movement is distracting. Don't pace. If possible, get out from behind the lectern and stand before the jury. 3. Anger is not your friend - even if you have a case that engenders anger, let the jury come to that emotion. You risk turning off your jury if you are angry. Why three? Because people are naturally drawn to trilogies, these three tips are a powerful trio that can significantly enhance your oral advocacy skills. #lawstudents
Ryan McCarl
7mo
Great advice, as always.
Interesting you say not to pace Miller Leonard. What about very subtle, controlled pacing?
John Paul Flores
7mo
Engaging advice! Master the art of oral advocacy. How can we polish these skills?
Vivek S.
7mo
Good advice
Miller Leonard Great tips!
Trial lawyer, Partner, General Counsel
6moI would amend #3 to "Never lose your temper unintentionally." There is sometimes a place for temper, e.g. once (one sentence) in a summation showing righteous indignation or snapping back (again, once) at a witness who is clearly lying. With respect to movement your point #2), my belief is that movement made with intention is not always distracting. People frequently associate idea and place. I have used the "rule of three" by stating point one of my opening toward the left side of the jury rail, point two at the center and point three to the right. Then, in summation, I sum up on each point at the same point in space. On the "movement is distracting" point, as a novice trial lawyer, one of my toughest lessons to learn was what to to with my hands. After several trials, I finally learned that if I keep y hands at my side they do not distract, but are available if a gesture is called for (once again, intentional movement with a specific goal in mind. I find your posts insightful, useful and actionable, not just for law students, but for beginning trial advocates and for those of us who are not to old to learn something new every once in a while.