4ADVOCACY & STORYTELLING "I have no scenery to help me and no words are written
for me to speak. There is no curtain. Butout of the vivid dream of somebody else's life I have to create an
atmosphere for that isadvocacy."Edward Marshall Hall, English advocate, died 1927LITIGATION AS PERSUASIVE STORYTELLING The necessary ingredients for persuasive storytelling are:CAST OF CHARACTERS Who are the characters in your story of innocence orreduced culpability?PROPS What are the physical objects, such as realand demonstrative evidence, you will need totell this story?CHARACTER DEVELOPMENT Who are the people in your story? What are they like? How do they normally live their lives? What are their tragic flaws?PLOT What is your client's story of innocence or reduced culpability? Is it a classic story with which the jurors or fact-finder or appellate court can empathize?CHRONOLOGY AND PERSPECTIVE How does your story unfold? Is it told in chronological order or in flashbacks? Is it told from a single individual'sperspective or from the viewpoints of many witnesses?EMOTIONALLY RIVETING What is the dominant emotion of your story? Is the emotional foundation of your story such that jurors and others can identify andappreciate how that emotion dominated and impacted your story?THEORY AND THEMES: THE PROCESS OF PERSUASIVE LITIGATION