The Trial Lawyer's Handbook

Crafting Winning Strategies: Theories and Themes in Trials


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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the importance of distinguishing between the theory of the case and the themes used to persuade a jury, emphasizing the role of a coherent theory of events and strategic themes to focus the trial's narrative. He illustrates the concept with multiple examples, including a case from early in his career involving a grain elevator explosion, to show how compelling themes can support the factual basis of a case. Mr. Small also offers practical advice on refining these crucial components, stressing the need for clarity, plausibility and careful consideration of the facts to communicate with the jury.

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The Trial Lawyer's HandbookBy Holland & Knight

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