Paul Looney and Clay Conrad's article in the November 2014 issue of "Voice for the Defense" reveals the true nature of trial advocacy. It's an art form. The article chronicles a lifetime of experience successfully trying criminal cases and helps defense lawyers understand credibility is their most important trial asset.
A fellow criminal defense attorney once wrote about the art of defending people accused of crime. He eloquently noted the job of the defense lawyer was not to seek justice, but to represent the rights of the individual. I enjoyed the way he explained the job of the defense lawyer: "I don't think [...]
It's the job of the criminal defense attorney to select the one best case for the client from all the possible cases. Far too often a jumble of facts is presented by the defense lawyer, leaving it to the jury to find a case if one even exists. This method loses the emphasis of having [...]
It's the persuasive case that wins decisions from the jury. Since the jury decides whether the case is persuasive, it must be built from their point of view. The law furnishes the framework within which persuasion must take place including the charge elements, defenses, and evidence foundations. But the legal case must be distinguished from [...]
Creative thinking, or brainstorming, is a learned skill for many professionals. Especially those who accumulate large quantities of information, which must be organized into a unified combination of ideas with an eye toward achieving some objective, whether it be courtroom persuasion or marketing a new product or service. Brainstorming is approached with determination to find [...]
Why should a potential client know how the persuasive case is built? Isn't that the criminal defense lawyer's job? Fortunately, an informed client can benefit greatly from such knowledge. It means they can be actively involved in the development of their own defense. Involved clients are often happy clients. Furthermore, when shopping for the right [...]
Legendary football coach Vince Lombardi reportedly said, "Winning isn't everything. It's the only thing." Similarly, in the courtroom the criminal trial lawyer's credibility isn't everything . . . It IS the only thing. Without credibility a defense attorney cannot hope to score points with the judge or jury. Importantly, this credibility is built very slowly, [...]