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Storytelling is a powerful tool of influence.
Think back to Netflix’s Making a Murderer. If you watched it, you probably developed an opinion based on the story. And likely, your opinion started and ended with how (and how well) the story was told to you.
Or what about the movie Spotlight, which won an Oscar for Best Picture?
When you finished the movie (i.e., the story), did you round out the facts with more research?
Or was your opinion set before the credits started rolling?
In the Fast Company article, Why Storytelling Is The Ultimate Weapon, storytelling is lauded as:
“…more effective at changing beliefs than writing that is specifically designed to persuade through argument and evidence.”
Good stories are powerful tools of influence because they’re absorbing and emotionally moving. Weave a good story and you weaponize your words. You cause listeners to drop their guard and leave them defenseless. The Fast Company article goes on to say that:
“Master storytellers want us drunk on emotion so we will lose track of rational considerations, relax our skepticism, and yield to their agenda.”
But stories aren’t just for storytellers.
Stories are for lawyers too; stories are a litigator’s weapon of influence.
Preeminent litigator James Wagstaffe, of Kerr & Wagstaffe, used storytelling to win a wrongful termination lawsuit against Bio-Rad Laboratories. Through storytelling, Wagstaffe persuaded the jury, resulting in a multi-million dollar verdict for his client.
Speaking to The Recorder, Wagstaffe noted that the “need to tell and hear stories is primal” and that “[t]rial lawyering is part of that primal need.”
Good stories speak to a jury’s desires—jurors want to hear a good story.
So, what makes a good story?
The Recorder offers some clues, mentioning Wagstaffe’s tendency to cite historical and cultural references. It also has this to say:
“Wagstaffe also attempts self-deprecation when talking to the jury, he said. He tells jokes, he apologizes for the ones that don't land, he teases himself for talking too fast ("J-I-M stands for 'jaws in motion' he said) and, because of an old superstition, he doesn't get a haircut as long as the trial is in session.”
Interested in hearing the master litigator and storyteller James Wagstaffe speak? Join him June 27th for a free webinar on venue-capturing strategies. Click here to register.
As litigators we are taught to “capture the venue flag” to advantage our clients and at the same time are constantly being warned of the “evils” of forum shopping. Does the Supreme Court’s recent ruling in TC Heartland LLC reject all forum-shopping efforts? Is this “evil” of forum shopping now addressed by closing the venue door in all places other than the ones where the defendant is incorporated or has its principal place of business?
Join us on June 27th @ 2:30pm EDT as we explore Strategies of Capturing Venue — a variety of procedural tactics and forum selection clauses and motions to transfer that may still exist for plaintiffs and defendants to capture or recapture that venue flag.