Lubet's Nothing But The Truth presents a novel and engaging analysis
of the role of storytelling in trial advocacy. The best lawyers are
storytellers, he explains, who take the raw and disjointed
observations of witnesses and transform them into coherent and
persuasive narratives. Critics of the adversary system, of course,
have little patience for storytelling, regarding trial lawyers as
flimflam artists who use sly means and cunning rhetoric to befuddle
witnesses and bamboozle juries. Why not simply allow the witnesses to
speak their minds, without the distorting influence of lawyers'
stratagems and feints? But Lubet demonstrates that the craft of lawyer
storytelling is a legitimate technique for determining the truth
andnot at all coincidentallyfor providing the best defense for the
attorney's client. Storytelling accomplishes three important purposes
at trial. It helps to establish a "theory of the case," which is a
plausible and reasonable explanation of the underlying events,
presented in the light most favorable to the attorney's client.
Storytelling also develops the "trial theme," which is the lawyer's
way of adding moral force to the desired outcome. Most importantly,
storytelling provides a coherent "story frame," which organizes all of
the events, transactions, and other surrounding facts into an easily
understandable narrative context. As with all powerful tools,
storytelling may be misused to ill purposes. Therefore, as Lubet
explains, lawyers do not have carte blanche to tell whatever stories
they choose. It is a creative process to be sure, but every story must
ultimately be based on "nothing but the truth." There is no room for
lying. On the other hand, it is obvious that trial lawyers never tell
"the whole truth," since life and experience are boundless and
therefore not fully describable. No lawyer or court of law can ever
get at the whole truth, but the attorney who effectively employs the
techniques of storytelling will do the best job of sorting out
competing claims and facts, thereby helping the court arrive at a
decision that serves the goals of accuracy and justice. To illustrate
the various challenges, benefits, and complexities of storytelling,
Lubet elaborates the stories of six different trials. Some of the
cases are real, including John Brown and Wyatt Earp, while some are
fictional, including Atticus Finch and Liberty Valance. In each
chapter, the emphasis is on the narrative itself, emphasizing the
trial's rich context of facts and personalities. The overall
conclusion, as Lubet puts it, is that "purposive storytelling provides
a necessary dimension to our adversary system of justice."
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Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth
Produktdetaljer
ISBN
9780814752906
Publisert
2015
Utgiver
Open Road Integrated Media, Inc.
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter