10 Legal basis for jury to find for clientVivid imageryConcrete languageVocabulary choices that reinforce the theoryClient-centeredCompelling and believable storyWHAT'S NOT A THEORY OF THE CASE The defendant is not guilty [innocent] [not guilty by reason of insanity] [guilty of a lesseroffense].Mistaken identification.Self-defense.Reasonable doubt.Inadequate police investigation.Coercion and duress.ADVANTAGES OF A THEORY OF DEFENSE Directs pre-trial motion practice.Focuses and prioritizes voir dire questions.Functions as a "mini" opening statement.Measures the prejudice of prosecutorial actions.Places all witnesses in a defense context.Creates parameters for the scope of cross-examination.Reveals the appropriate attitude for cross-examining each witness.