Trial Magazine

Fear prevents many lawyers from editing down case facts to a clear and simple story. What if the detail omitted is the one that will convince a juror to find for your client? But the truth is that too many facts can confuse the story or obscure your message, which can be told persuasively in fewer words than you think.

Watch news stories. News reporters show us every day that more words don’t necessarily make the story clearer. As a former reporter, I know how much editing it takes to present a compelling story in a short amount of time. The lengthiest local news story is less than 90 seconds—but after watching the story, you’ll know what happened and why it matters. Pictures and sounds quickly set the scene, short sound bites explain who was involved and how it happened, and the reporter fills in a few details to give the story a beginning and ending.

Read trial transcripts. Because you will not be intimately familiar with all the facts and details of another attorney’s case, you’ll be able to see what information was needlessly included and how it detracted from the overall story.

Reading the trial transcripts of some great trial lawyers, such as Moe Levine, can also reinforce the benefits of being brief. Levine once represented a man who had lost both arms. His memorable closing argument was less than 100 words and conveyed to the jury his client’s struggles with everyday activities—such as eating—by describing the lunch he had with his client during the noon recess.

Make a list of your case facts. Answer each of the following questions in no more than 10 words: What did the defendant do wrong? How did the wrongful act harm the plaintiff? And why should the jury find for the plaintiff? List the facts that best support each of your answers and then examine the remaining case facts. It is hard to cut facts that you spent time developing—but if they don’t add value to your case, then they likely diminish it.

I once heard that trials are not about words but impressions. And good impressions don’t require lengthy explanations.

Karen Roberts is an attorney at Roberts & Roberts in Tyler, Texas. She can be reached at karen@robertslawfirm.com.