Part 2 based on my Plaintiff magazine article “Trial Lawyers: Actors or Boxers?”
The lawyer’s goal, in a trial, is to present the client’s case as a cohesive story that will grip the audience’s attention. The “audience” is small, consisting of only 12 people: the members of the jury. If the trial is thought of as a stage play, as posited in part 1, then what is the most interesting difference between the theatre and jury trial?
Competing Plays: Reaching The Audience
Unlike the theatre where only one play is on stage at a time, the lawyer’s “play” competes with another play taking place at the same time and on the same stage.
The “Other Play”
- Staged by another director (the defense attorney)
- The theme is different
- Another set of “actors” the defense attorney’s witnesses
Audience Decision
The “audience”, our 12 member jury, must then decide which play they like best. Their “reviews” of the lawyer’s work are in the form of a jury verdict which tells who won and who lost.
“American Idol” : The Judge
What about the judge? Think of the popular TV program, “American Idol.” It’s no stretch to think of it as theatre. The “audience” ultimately chooses the winner but judges:
- Handle the tryouts (pretrial motions)
- This determines if the contest even makes it to the “show” (the trial)
- And their (judge’s) very vocal opinions during the show (bench rulings) can influence the “audience”
