Weaving a trial theme

During “Trial Themes: How to Weave Your Trial Theme into the Entire Trial,” the audience served as jurors for a mock abridged trial concerning a politician who is accusing a journalist of slander relating to the death of a young college student.

The lawyers acting as representatives for the plaintiff and defendant utilized trial themes described prior to the mock trial. Marlo Leach of Atlanta opened the explanation, noting that too often, lawyers fail to use themes. “Lawyers think to themselves, ‘I'm a good lawyer. I know the facts and evidence,’” continued Leach. But failing to use a theme places a heavy burden on jurors. “Jurors are not emotionally involved,” she said, unlike the lawyer who has been working the case for several months.

For lawyers, it is critical to choose a theme that jurors can understand and relate to, such as accountability or being a good neighbor, explained Leach. A lawyer should start thinking about a possible theme early in the discovery process and then see if the evidence supports that theme as work on the case continues.

While preparing for the case, a lawyer should pick out the evidence that supports the theme developed, and then begin conveying it early on in the trial. But, Leach warned, “Don't do overkill. It's the worst thing you can do. Instead, pepper your theme throughout.”

Judge Susan Illston, of San Francisco, served as judge during the mock trial. L. Lin Wood, Atlanta, and Charles L. Babcock, Houston, served as advocates during the session while Perrin Rynders, Grand Rapids, Mich., was moderator.

At the conclusion of the mock trail, Illston complimented the lawyers and said that, from her experience, themes were too rarely used. She also pointed out – addressing many young lawyers in the audience – opening statements were meant to be statements and not argumentative.

The program was sponsored by the Tort Trial and Insurance Practice Section.

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