Humans want to have stories told to them; that’s why we as individuals enjoy reading books and watching movies. Good stories, in particular, can draw in readers or viewers and allow them to stay with and feel for the characters in the story. Successful attorneys know that their job in a courtroom is essentially telling a story to the jury. 

Compelling storytelling should be a persistent theme throughout the case, shaping the complaint and reinforcing every argument throughout the litigation process. Strategic storytelling in litigation should include many of the same variants as other mediums, namely characters, a three-act structure, and some memorable moments for the jury. At Courtroom Sciences, our staff of psychology and communications experts can help legal teams scientifically identify and craft a compelling narrative for the jury. 

Why do stories matter in litigation?

It’s no secret that real trials can often feel mundane and boring to jurors, mainly when they are accustomed to seeing captivating television legal dramas that include big surprises and easily wrap things up in less than an hour. Too often, attorneys merely piece together chunks of evidence and then hope that jurors will be able to assimilate it together by themselves, which is rarely the case. Instead, attorneys need to be able to bring the storytelling perspective into the courtroom, motivating the jurors to care about their case and their client. 

The Three-Act Structure of Storytelling

The three-act structure is often used in narrative storytelling, dividing the story into three main parts or acts. In narrative fiction, such as films or novels, these three acts are often called the setup, the confrontation, and the resolution. Storytelling in litigation can follow this similar three-act structure. 

Litigation Storytelling Act One

Act one can be thought of as the set-up. The audience (i.e., the jurors) should understand the following: who the main characters are, what relationships they have, where the action occurs, and when the story takes place. From there, the jurors should be introduced to the inciting incident. A crucial element in the three-act story structure, the inciting incident is the catalyst that sets the protagonist’s journey in motion. The first act should also plant the seed for the overall theme of your story. 

Litigation Storytelling Act Two

Act two is typically the longest of the three acts, where the stakes rise, and complications are introduced. During this act, the story's hero or protagonist will encounter various roadblocks and may find themselves in increasingly worsening situations. Act two is generally the low point of the story for your main character. 

Litigation Storytelling Act Three

The third act encompasses both the climax and the resolution of the narrative. The climax is the story's crescendo, where tensions are at their highest, and for a time, it may appear as if all is lost. If this was a film, act three would be where you hear the ominous music in the background as things spin out of control. 

After the conflict comes to a resolution, while narrative fiction may tie all the loose strings of the story up in a nice bow, in litigation, the resolution is determined by the jury, and attorneys may even choose to bring the jurors into the story. By alerting the jury that they are the ones who get to write the ending to this story, it could empower them and help them to feel more invested in the resolution. 

The Importance of Characters in Litigation Storytelling

A story needs characters. The audience wants a hero they can identify with and cheer for and an antagonist they can root against. In legal storytelling, having a likable protagonist, or at least less unlikable than the other side, is essential. If your client, the hero, is the plaintiff, their main antagonist is likely the defendant in the litigation. 

However, this storytelling strategy can be used both for the plaintiff and defense attorneys, with the approach being fairly universal, which means that in other circumstances, the protagonist may be the defendant, with the plaintiff acting as the antagonist.

Three Tips for Better Storytelling in Litigation

1. The Earlier You Can Think About the Theme, the Better

While this sounds simple, it may be easier said than done, as some lawyers often wait until closer to trial to develop their theme. However, your theme will dictate where you go and provide direction. Consider starting with buzzwords, such as 'what happens in the shadows’ or ‘greed and corruption.’ These buzzwords are certainly not a story in and of themselves, but they can give you some things you will want to emphasize, which can help you think about how to tell a cohesive story. 

2 - The Importance of Gaining Different Perspectives

Trial attorneys may get tunnel vision when it comes to their clients. As they are busy advocating ferociously for their client, they naturally want to believe everything their client says. Mock trials can provide different, unbiased perspectives. When other people see your case laid out, they may give the opposing side the benefit of the doubt. For this reason, getting that perspective is imperative because it may change some of your strategies. 

3 - Making Complicated Cases Simple

A critical aspect of storytelling in litigation is the need to keep things simple. This may include avoiding using unnecessary legalese and making a straightforward petition that anyone without legal education could understand. An advantage to this is that if a journalist sees it, they could read the petition, understand it, write about it, and put it on the front page of a paper to garner attention. 

Keeping things simple can be helpful for jurors as well. For example, most jurors will not be knowledgeable about patent law. Making the case simple for jurors to understand without appearing condescending can begin with focusing on a theme. Keep in mind, as you are simplifying the case, that you never want to appear demeaning toward jurors. This can be a fine line to walk because the material, in some cases, may be complex and new to a majority of the jurors. 

At Courtroom Sciences, our litigation research and communications experts can help you define and control the narrative of any trial, guiding the jury and influencing the court of public opinion. As part of the litigation team, our senior-level team combines communications expertise with scientific, psychology-based research and messaging. Speak with one of our experts. 

Key Takeaways

●  Compelling storytelling should be a persistent theme throughout the case, shaping the complaint and reinforcing every argument throughout the litigation process. 

●  Strategic storytelling in litigation should include many of the same variants as other mediums, namely characters, a three-act structure, and some memorable moments for the jury. 

●  Three tips for better storytelling in litigation include thinking about themes early, gaining different perspectives, and making complicated cases simple. 

●  At Courtroom Sciences, our staff of psychology and communications experts can help legal teams scientifically identify and craft a compelling narrative for the jury.