What is the True Story? or the Real Facts?
During this time of year, I don't know about you, but I enjoy a white, snowy Christmas in my part of the country. I enjoy getting together with family, buying presents for my kids, seeing a child's face on Christmas morning when they see the presents under the tree and the overall optimistic atmosphere of the season. Yes, I said "optimistic."
Watch the myriad of "Christmas" or "Holiday" programs that come across your television this season. The stories are varied, classic and just plain fun to watch. (I can't help but watch a Charlie Brown Christmas over and over again). What is common to each story at this time of year is the ending. Each ends with everyone "happy," the situation resolved, or just plain a tear jerk er that leaves you satisfied there is some good in all of us.
Now, what does all of this have to do with Litigation? Well, think about the stories we try to tell to the juries. What story do we try to relate? What is our goal? First, we try to paint a picture or tell the story that shows how our client is really the party who should win this case. Then we try to persuade that the evidence supports our client. Then we finish by telling the story based on the "facts" of the case. This model is for both the prosecution and the defense of a case.
So, at this time of the year, I ask the real question every juror is asking of you (the attorney or client) - what is the true story? I am not going to go into a recitation of Linus from the Peanuts (even though I do agree with the story). But, I think if you look at all the "holiday" specials, you see one theme that yours and my jurors like - good wins, people are overall good, that we all want the best for our lives not just this time of the year, but all year.
So now, our goal is to present the facts of our case to jurors so they will decide the "good" that is to come by their verdict. Not an easy task no matter what time of the year it is. The real question the juror is facing from all the perspectives of the witnesses is "what is the real story?"
Enjoy your Holidays! Have a Merry Christmas and Happy New Year!
