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TWO TRIAL AD BOOKS: APPLES AND ORANGES

This week I received two new books: Winning With Stories by Jim Perdue and Uncle Anthony's Unabridged Analogies by Thomas Vesper. Because I received them at the same time, I decided to critique them both in one review. Both books are aimed at helping the trial attorney with his courtroom presentation skills and offer helpful hints on transforming a good case presentation into a great one. Of the many tools available to trial advocates, the one most essential is the development of a successful case theme which is best conveyed through analogy, metaphor, or anecdotal story. I have reviewed both books with case theme development in mind and offer the strengths and weaknesses of each. Perdue's book, subtitled Using the Narrative of Persuasion in Trials, Speeches and Lectures, hits the nail on the head by developing what it had promised and surpasses my expectations. This book helps trial advocates craft and tell the client's story effectively. (I dislike Perdue's use of the word "story" as jurors tend to be skeptical of "stories.") Perdue explains how and why a really strong story seals the deal. Perdue, based on his more than forty years courtroom experience, instructs the reader how to tell a story to maximize its effect with a jury. He offers a treasure trove of examples including useful metaphors, similes, cliches, analogies, quotations, poetry, personal anecdotes, the Bible, children's tales, books, movies, plays, folklore, and humorous stories, while tracing to their roots in ancient and modern history. Rounding out these invaluable resources are examples from five real courtroom cases. Two of these cases are developed for opening statements: auto collision and an unsafe ladder case while three cases are used for closing summation: brain damage, pathology mistake and anesthesia mistake. The second book I reviewed was Uncle Anthony's Unabridged Analogies subtitled: Quotes and Proverbs for Lawyers and Lecturers by Vesper. Though I found this a promising title, I was disappointed after reviewing it. Although the word "analogy" appears in the title of this book, it fails to deliver but instead provides quotes and proverbs throughout the ages. The mere compendium of quotes and proverbs does not constitute analogies. Vesper spends too much time in paremiology (study of proverbs). Perdue, on the other hand, shows the reader how to effectively use analogies. Analogy is a form of comparison. It seeks to make something clear by comparing it to another element and brings out an idea that is difficult to express. Merely advancing a quote does not constitute an analogy. Vesper forces the reader to take a quote and then decipher how to make it work within the case theme. My rough estimate of the number of quotes in this book is about 24,150, which are broken down into categories such as money, children, liability, and corporations. The $100.00 cost of this book is excessive considering the availability of many other similar books in paperback that accomplish the same thing. Furthermore, a quick search on the internet on any particular trial topic would yield basically the same information. On the other hand, the quotes contained in this book can be selected for highlighting your analogy. A little more effort is required, but you may be able to find a perfect fit to highlight the theme of your case. Perdue's book Winning With Stories scores a hole in one. It is a fun read with examples applicable to all trial advocates. Perdue hits a home run with exactly what he promises; whereas Vesper, in his tome, offers a tempest in a teapot with his tantalizing title that misses the mark. It's not that I'm anti-proverb because I do believe they can represent certain maxims. Proverbs convey what people believe, cherish, and have learned through life experience. In the final analysis, however, attorneys would benefit much more from Perdue's book.

Rodney R. Nordstrom, Ph.D., J.D. is a trial consultant and has assisted more than 60 ITLA members with case preparation and presentation. His company is Litigation Simulation Services, www.litsim.com. The opinions expressed in this column are those of the author.