Some attorneys claim that they do not use trial themes because they are trite or “cheesy” and that juries find them distasteful. I could not disagree more. What people think they like, and what they respond to, are often two different things. A juror may scoff at your theme the first time they hear it, but ultimately, a great theme will play like a song in their head when they enter the deliberation room. When you have presented your case and the time has come when you can no longer speak to the jury, your theme will speak to them for you. If you use it right, a great theme will serve as the hook that brings the jury back—to your best facts, your best arguments, and onto your side.

An Important Tool of Persuasion

Trial themes are an important tool of persuasion for an attorney and is one of the trial skills taught at the Kessler-Eidson Program for Trial Techniques at Emory Law where I have been a faculty member for five years. The class includes a series of workshops that culminates with a simulated jury trial.

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