SIDEBAR

By: James D. Smith, Esq. Osborn Maledon

Imagine you’re reading a short story or listening to a podcast Will it grab your attention if it begins, “Publishing House X, through Author John Doe, respectfully asks that you read this story (‘the Story’) that will give you some information about something”? Will the open-mic storyteller keep you engaged if she detours down oral alleys that aren’t related to the tale? Probably not But lawyers often put their audiences judges and juries to sleep by taking those approaches It seems we forgot how to tell an engaging story

Legal writing should tell a story Like everyone, judges have limited attention spans And many lack law clerks, so they’re reading everything themselves. A direct story is more engaging and easier to follow than a meandering one. Choosing longer, obscure words that we think sound more educated or distinguished almost never helps tell a direct story Don’t forget the notion of a picture being worth 1,000 words, too A map, diagram, organizational chart, or timeline almost always helps your reader understand the story Trying to sound like a lawyer guarantees we’re not telling direct stories A better approach is to try to sound like a journalist, particularly one with a good editor

Trial work is storytelling, particularly when 8 or 12 jurors know nothing about your case. It isn’t to show how smart you are or your vocabulary’s breadth Instead, it’s distilling years of facts and discovery, and maybe thousands or millions of documents, into an engaging and understandable story And the jury plays a part in your story, kind of like a Greek chorus In Arizona, the jury may ask questions, which may guide you about your story’s holes The jury will complete your story (at least at trial); consider how the instructions and verdict form mold that story’s end.

“I get it, James tell a story But what is something practical to take away?” Editing Cutting As lawyers, we’ve lived with a case for years We know everything about it Resist the urge to share everything with your judge or jury The newspaper’s editor cuts and clarifies A book publisher tells the author to remove things that don’t advance the story Film lands on the cutting room floor because the scenes add length without substance. We lawyers could use the same help sometimes.

Parker Bunch, Esq. Cavanagh Law Firm

1850 N Central Avenue Suite 2400

Phoenix, Arizona 85004 (602) 322-4011 pbunch@cavanaghlaw.com

Dan Coumides, Esq. Gust Rosenfeld

One E Washington Suite 1600

Phoenix, Arizona 85004 (602) 257-7452 dcoumides@gustlaw com