Storytelling for Lawyers

An excellent primer on narrative theory for lawyer-storytellers has now appeared. I refer to Philip N. Meyer’s recently published Storytelling for Lawyers (Oxford University Press, 2014), which is available in Kindle, hardcover and paperback versions.

Meyer convincingly makes the point that much of what lawyers do is storytelling. Whether they are presenting cases in the courtroom or representing clients in contract negotiations, lawyers tell stories. Furthermore, a lawyer’s success depends to a surprising extent on his or her skills as a storyteller.

Meyer suggests lawyers’ stories are relatively straightforward and more like those in Hollywood movies than those in literary novels. However, all stories—simple or complex—include a setting, characters, a plot, a point of view, and a narrative voice. Meyer demonstrates how conscious attention to each of these components can improve a story.

I found especially interesting Meyer’s observation that careful crafting of a story’s beginning greatly improves the likelihood of a story’s conclusion being effective and convincing. He illustrates this point with insightful commentaries on the closing arguments offered by Jeremiah Donovan on behalf of Louis Failla and Gerry Spence on behalf of Karen Silkwood.

Overall, Meyer’s book is a great story about lawyers telling stories. He brings his lawyer-storytellers to life and critiques their narrative efforts with great delight. I welcomed his reminder that the best lawyers can be and are artists.

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The Problem of Having Really Good Plaintiff Cases

If you handle plaintiff cases your dreams are of what I call the “Holy Trinity” cases: Great Liability, Big Damages, and a Well Insured Deep Pocket Defendant. And, even better, you would think, is one after another of those cases. But, as they say, in every silver lining there is a black cloud.

A recent three-week trial provides lessons for long-term career development for trial lawyers principally handling cases for plaintiffs. Since my practice consists of two-thirds defense and one-third plaintiffs (including one nine figure verdict for a plaintiff) I can give you a view from both sides of the “v”. In this case I happened to be defending.

The injuries were initially catastrophic with the plaintiff having “died” (a bit of exaggeration by plaintiff’s counsel in opening statement, but nonetheless she did have a very low pulse and respiration rate) in the ambulance to the hospital. She had been crushed between my client’s semi-tractor trailer and a stopped car in a sorority car wash taking place in a shopping center parking lot. “Squished” was plaintiff’s counsel favorite word in the trial.

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Congratulations to Marquette Pro Bono Award Recipients Mindy Nolan and Bryant Park

Congratulations to graduating law students Mindy Nolan and Bryant Park, who were honored this academic year for their pro bono work.  The Wisconsin State Bar awarded Mindy Nolan as Public Interest Law Student of the Year, and the Milwaukee Bar Association awarded Bryant Park as Pro Bono Law Student of the Year.

Mindy NolanPro bono work has been a focus of Mindy Nolan’s time in law school.  Mindy was the recipient of two Public Interest Law Society (PILS) summer fellowships, which enabled her to work for the Public Defender in Rhinelander in 2012 and the Public Defender in Milwaukee in 2013. Her pro bono work centered on the Milwaukee Justice Center’s family help desk.  Angela Schultz, the Pro Bono Director at the Law School, said in her nominating letter to the State Bar:

As a regular supervising attorney of the help desk, I have observed Ms. Nolan’s professionalism, patience, and kindness, along with her high level of competence learning this complex system.  She treats each person accessing the help desk with the same level of respect, infusing into her volunteer work a sense that all members of our community deserve equal access to justice.  When given the opportunity to complete an advanced training in family law forms, she jumped at the chance and as a result has been able to assist with a broader range of issues being presented by community members accessing the help desk.

 

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