This week we take a pause before wrapping up the mid-market series to remember one of the most-watched and talked about trials in recent history. With the passing of O.J. Simpson, we go back to 1995 and “the most dramatic courtroom verdict in the history of Western civilization,” as The Washington Post called it. An unprecedented 150 million people watched the verdict live on Oct. 3, 1995, according to CNN. So many people were enthralled with the trial that one company estimated the national loss of productivity at $40 billion. *

Over here at Lean Adviser, we remember the trial not just for its impact at the time but when examined through the lean law lens, the strategy by defense attorney Johnny Cochrane serves as a great  example of using lean law methods in a real-life courtroom situation.

“If the glove doesn’t fit, you must acquit.”

Was there ever a more memorable instruction given to a jury? On the face of it, this looks like a risky piece of grandstanding. If it was, then you can see the temptation. A global TV audience for the “trial of the century,” all set in the “La La Land.”

In this lesson, 29 years on from the trial and following the April 2024 passing of O.J. Simpson, we revisit defense attorney Johnnie Cochrane’s now infamous quote, and we ask the question: Was this ploy madness or masterful?

To resolve this, we analyze this quote through a lean law prism. It turns out that “If the glove doesn’t fit, you must acquit” was actually quite brilliant. Allow us to explain why.

It worked in securing an acquittal, which many observers thought unlikely. So there must have been some smarts behind it. But why did it work and what can we take away from it? Let’s break this down into a lean tip sheet for trial lawyers everywhere.

  1. Ask the right question:  For a law exam the right question to a jury would have been “Are you satisfied beyond all reason doubt that the defendant was guilty?” But for a real-life trial lawyer the right question was “does the glove fit?” 
  2. Give answers dressed as questions: In theory, you should give the jury questions to resolve, with suggested right answers. But ‘you must acquit’ is not a question or even a suggestion. It’s an instruction. It’s clear, assertive and simple.
  3. Be selective: In a bench trial you get much less leeway to guide the areas of focus. But with a jury trial it’s different. If you tell them the only place you need to look to solve the puzzle is here, and if they believe you, then it is. 
  4. Use strategic storytelling: We often talk in Lean Adviser about the power of storytelling, because that’s what people engage with and remember. But what story? This glove story was about something helpful to Cochrane. The fact that it didn’t actually prove anything is strategically irrelevant. The point is, it diverted attention away from many other more awkward stories, like how the knife got there, Simpson fleeing the scene and the rest.
  5. Empower: Always let the tribunal take the last step and feel like they’re figuring it out themselves.
  6. Follow the principles of lean: One of the tenets of lean law is to identify just what matters and focus on that. Communicate it within the team and to the client. Then find a way to express it concisely but clearly.

 * See, Schuetz, Janice E.; Lilley, Lin S., eds. (1999). The O.J. Simpson Trials: Rhetoric, Media, and the Law. Carbondale, Illinois: Southern Illinois University Press)