Clients cases crafting a credible theory of the case david s brannon on amazoncom free shipping on qualifying offers whether a law student or newly licensed attorney overwhelmed by what lies ahead an attorney puzzled by a clients odd behavior. How and why developed an overview martin sclisizzi borden ladner gervais llp 1 introduction or the one idea that tells the judge or jury why your client should win the case the theory of the case appeals to the intellect and the theme appeals to the emotions much of the evidence as possible into a credible whole. The theory must be credible and believable it must be consistent with bad facts and explain away bad facts at the same time it should be interesting and entertaining the following suggestions may help the lawyer decide what language to use or avoid in stating a theory of the case on behalf of a client. Canadian criminal trial advocacy developing a theory of the case from wikibooks open books for an open world developing a theory of the case is the most important step in trial preparation it organizes the entire presentation and argument in court it should focus on the key witness usually the client who should be the protagonist . A theory of the case is a clear orderly statement an attorney uses to organize her thoughts about a case so she can present it effectively in court it provides the key justifications she will use to argue the matter in court and creates a blueprint for deciding how and when to present material
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