Lawyers, Liars and the Art of Storytelling

Stories are the most powerful tool in a lawyer’s arsenal – they can turn dry facts into a narrative that wins hearts, minds, and cases.

1. Storytelling is a lawyer’s secret weapon.

Storytelling isn’t just for writers or filmmakers – it’s a skill every lawyer needs to master. A compelling story can make a jury see the world through your client’s eyes, turning abstract legal arguments into something relatable and memorable. Lawyers who can craft narratives build trust with clients, sway juries, and even impress their bosses.

The process begins with evidence. Every piece of evidence in a case is like a puzzle piece that, when assembled, creates a complete picture. These details provide the characters, motivations, and conflicts that form the backbone of a story. A lawyer’s job is to weave these elements into a narrative that leads to a resolution favorable to their client.

Unfortunately, law schools don’t teach storytelling. Instead, they focus on technical skills like legal writing and research. This leaves lawyers to learn storytelling on their own, often through trial and error. But those who take the time to develop this skill gain a significant edge in the courtroom and beyond.

Examples

• A lawyer uses a timeline of events to show a jury how a defendant’s actions led to a crime.
• A defense attorney builds a narrative of redemption for a client, emphasizing their efforts to change.
• A prosecutor frames a case as a battle between good and evil, with the defendant as the villain.

2. Aristotle’s rhetorical triangle is the foundation of persuasive storytelling.

The ancient Greek philosopher Aristotle identified three elements of persuasion: ethos (credibility), logos (logic), and pathos (emotion). Together, they form the rhetorical triangle, a framework that lawyers can use to craft convincing arguments.

Credibility, or ethos, is essential in the legal profession. Lawyers must establish their own credibility through their expertise and professionalism. They also need to ensure their witnesses are trustworthy while discrediting the opposition’s witnesses. Even small details, like a lawyer’s appearance or the tidiness of their office, can influence how credible they seem.

Logic, or logos, is the backbone of any argument. It involves presenting facts and evidence in a way that makes sense and supports the lawyer’s narrative. Emotion, or pathos, adds a human element, helping the audience connect with the story on a personal level. However, all three elements must be balanced – too much emotion without logic or credibility can weaken an argument.

Examples

• A lawyer uses a credible expert witness to support their case.
• A prosecutor presents a logical sequence of events to prove guilt.
• A defense attorney appeals to the jury’s emotions by sharing a client’s personal struggles.

3. Logic is the bedrock of a winning argument.

Logic is what makes a story believable. Without it, even the most emotional or credible argument will fall flat. Lawyers can build logical arguments by following three steps: finding common ground, establishing undeniable facts, and identifying weaknesses in the opposition’s case.

First, lawyers should identify points of agreement between both sides. This creates a foundation of shared understanding. Next, they should look for additional facts that are indisputable, even if they occurred before the event in question. Finally, lawyers should analyze the opposing argument for flaws or inconsistencies that can be turned to their advantage.

This approach was used in a Supreme Court case about DNA patents. The defense flipped the prosecutor’s flawed analogy, comparing DNA to prescription drugs instead of gold, and won the case. Logic, when used effectively, can turn the tide in even the most challenging cases.

Examples

• A lawyer starts their argument by highlighting facts both sides agree on.
• A prosecutor uses historical events to draw parallels to a current case.
• A defense attorney exposes a logical flaw in the opposition’s argument.

4. Emotion adds depth to a story but must be used carefully.

Emotion is a powerful tool, but it’s a double-edged sword. When used effectively, it can make a story resonate with the audience. However, overusing emotion can backfire, making an argument seem manipulative or insincere.

One example of effective emotional storytelling is the case of Kerry Kennedy, who was charged with driving under the influence. Her lawyer subtly invoked the tragedy of her father’s assassination to humanize her and gain the jury’s sympathy. On the other hand, the author shares a personal story of how an emotional reenactment in court went awry, leading to unintended laughter from the jury.

The key is to balance emotion with logic and credibility. Emotion should enhance the story, not overshadow it. When used thoughtfully, it can make a case unforgettable.

Examples

• A lawyer shares a client’s personal story to evoke empathy from the jury.
• A prosecutor describes the impact of a crime on the victim’s family.
• A defense attorney uses humor to lighten the mood and connect with the jury.

5. Credibility is the cornerstone of persuasion.

Credibility is what makes people trust you. In the legal world, it’s not just about knowing the law – it’s about presenting yourself as reliable and professional. This extends to everything from passing the bar exam to maintaining a polished appearance.

Witness credibility is also critical. Lawyers must ensure their witnesses are seen as trustworthy while casting doubt on the opposition’s witnesses. This can involve highlighting inconsistencies in their testimony or questioning their qualifications.

Even small details can affect credibility. A messy office or unkempt appearance can make a lawyer seem disorganized, while a sharp suit and tidy workspace can inspire confidence. Credibility is built over time but can be lost in an instant.

Examples

• A lawyer cross-examines a witness to reveal inconsistencies in their story.
• A defense attorney highlights their client’s clean record to build trust.
• A prosecutor uses expert witnesses to strengthen their case.

6. A great story needs a hero and a villain.

Every story needs a protagonist and an antagonist. In legal cases, this often means framing your client as the hero and the opposing side as the villain. This dynamic makes the story more engaging and easier for the audience to follow.

Even in mundane cases, lawyers can find ways to create this dynamic. For example, a citrus industry lobbyist framed mandarins as the hero and the government as the villain in a speech about pesticide regulations. This approach made the argument more compelling and memorable.

By identifying the hero and villain in a case, lawyers can create a narrative that resonates with the audience and strengthens their argument.

Examples

• A lawyer portrays their client as a hardworking individual wronged by a corporation.
• A prosecutor frames the defendant as a danger to society.
• A defense attorney casts doubt on the motives of the opposing side.

7. Preparation is key to a convincing performance.

A courtroom is like a stage, and lawyers are the performers. To deliver a convincing performance, lawyers must prepare thoroughly. This includes writing a script, rehearsing their delivery, and anticipating the opposition’s arguments.

Watching courtroom dramas or real-life trials can provide inspiration. Films like To Kill a Mockingbird and Bread and Roses offer examples of powerful courtroom performances. Lawyers can also learn from actors, who use techniques like annotating scripts to stay authentic and focused.

Preparation doesn’t just involve memorizing facts – it’s about understanding the story and delivering it in a way that connects with the audience.

Examples

• A lawyer rehearses their opening statement to ensure a smooth delivery.
• A prosecutor watches courtroom dramas to study effective techniques.
• A defense attorney practices their body language and tone of voice.

8. Visual aids can enhance storytelling.

Visual aids can make a story more engaging and easier to understand. Charts, diagrams, and photos can help illustrate key points and keep the audience’s attention. However, they should be used sparingly and only when they add value to the argument.

For example, a timeline of events can help the jury follow the sequence of a crime. Photos of evidence can make the story more tangible. Diagrams can clarify complex concepts, like the layout of a crime scene.

Visual aids should complement the story, not distract from it. When used effectively, they can make a case more compelling and memorable.

Examples

• A lawyer uses a timeline to show the sequence of events in a case.
• A prosecutor presents photos of evidence to support their argument.
• A defense attorney uses a diagram to explain a complex concept.

9. Learning from other storytellers can improve your skills.

Storytelling is an art, and the best way to improve is by learning from others. This includes studying great lawyers, watching courtroom dramas, and reading books about storytelling. Each source offers valuable lessons that can help lawyers refine their craft.

For example, actor Michael Badalucco from The Practice annotated his scripts to stay authentic and focused. Lawyers can adopt similar techniques to enhance their courtroom performances. Books like Influence by Robert Cialdini provide insights into persuasion that can be applied to legal storytelling.

By learning from others, lawyers can develop their storytelling skills and become more effective advocates.

Examples

• A lawyer reads books about storytelling to improve their skills.
• A prosecutor watches courtroom dramas to study effective techniques.
• A defense attorney attends workshops on public speaking and persuasion.

Takeaways

1. Use Aristotle’s rhetorical triangle – ethos, logos, and pathos – to craft balanced and persuasive arguments.
2. Identify a hero and a villain in every case to create a compelling narrative.
3. Prepare thoroughly for your courtroom performance, including scripting, rehearsing, and using visual aids.