In 1994, after having been a practicing lawyer for 13 years, I returned to law school to take the first ever Master’s in Trial Advocacy at the Beasley Temple University School of Law. The first thing we did was try a case in the morning. In the afternoon, we watched our instructors try that same case. I had given the opening for the plaintiffs in the morning. I then watched as my instructor, Herb Kolsby, gave the opening for the plaintiffs in that same case in the afternoon using a unified case theme that brilliantly synthesized plaintiffs theory. It was there and then that I learned how using themes can be a devastatingly effective trial advocacy tool. Herb and the late great Ed Ohlbaum were masters, at incorporating themes into directs, crosses, openings and closings.

As trial lawyers, we are storytellers. And in storytelling, the importance of theme cannot be underestimated. A consistent, unified and cohesive theme allows you to take the theory of your case and make it easy to understand and remember. The perfect theme is one that you will introduce in opening, reinforce through direct and cross examination and then tie together in closing.

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