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THINKING OUTSIDE THE
JURY BOX
(A SEMINAR IN STORYTELLING
SKILLS FOR LITIGATORS)
DAY
1 SCHEDULE – THE STORYTELLING SEMINAR
Pre-Class
Homework: Opening Statements
One week prior to this seminar, please
distribute to all attendees the closing statements found in Sex, Coke and Videotape and Death by Plutonium from the book, Ladies and Gentleman of the Jury. Also,
please distribute a few sample opening statements from your files. It will be
expected that all attendees have familiarized themselves with these openings
and closing statements and that they have thought about the stories told in them.
9:00 – 9:30 – How
Do Juries Construct Reality and as a Result, How To Construct Stories that Will
Persuade Them? –
Many litigators
try to present their cases in the form of a timeline and fail to set their
cases within the context of a story. This is problematic since studies have
shown that the single most natural and common method for juries to understand evidence
and transfer that understanding to each other is through stories. In
deliberation, juries weigh the stories told by the plaintiff’s legal team and
the defendant’s legal team and agree upon which story is more acceptable; that
story is then concluded to be THE TRUE STORY and a verdict is reached. Thus,
Prof. Krevolin will begin this seminar by focusing on how to adapt familiar "life experience"
stories to the facts of any case at hand.
9:30 – 10:30 - Why We Learn What We Learn: The
Physiological and Psychological Basis of Storytelling
Exploring the
latest discoveries in scientific research on brain chemistry and psychology,
Prof. Krevolin will trace how we, as human beings, physiologically respond to and
are moved by story. Then, once the audience has a deep understanding of
unconscious human responses to story, Prof. Krevolin will convey how litigators
can use these autonomic responses to ally themselves with their juries and
generate an emotive response. In essence, Prof. Krevolin will provide
information on the psychological underpinnings of why story really does
persuade and influence.
10:30 - 11:00 – Understanding the Social and
Cultural Importance of Story as a Way to Code the Information Necessary to
Persuade A Jury.
Evidence
presented without being placed in the context of a compelling narrative will
not stay with a jury. Stories are the way we communicate with each other and
they stay with us to a much greater degree than do facts and statistics. Prof.
Krevolin will explore how stories were used in ancient cultures and how
Aristotle analyzed stories. He will look at how we, as creatures, have used
stories over the past two thousand years and how we still use stories today.
11:00 - 11:15 – BREAK
11:15 - 12:15 – Film
School 101 – Everything They Teach at Film
School in 60 minutes
Prof. Krevolin will demonstrate THE
GOLDEN RULES OF STORYTELLING. The basics: Conflict, Establishing a sympathetic
character who wants something badly, Three -Act Structure (beginning, middle,
end), Inciting Incident, Active Pursuit, Legitimate Manipulation of audience
response, Cause and Effect, Overcoming Obstacles, THE SILVER RULE -- show don't
tell, Tension, Exposition, Theme, Genres, Characterization, Character Arc,
Raising Stakes, Planting (foreshadowing) and Pay-off, Involvement. (All illustrated with video examples.)
12:15 - 1:00 – Professor
K.’s Big Seven Questions – Classic Principles of Persuasion and Engagement That
Every Storyteller Must Master
Storytelling is
not arbitrary. It is based upon rules, certain time-tested principles that
apply to all types of stories. Just look at any hit TV show, classic novel,
great stageplay and/or blockbuster film. In all of these genres, the story that
is being told may be vastly different, but the underlying principles behind
that story are all the same. Over the past twenty years, Prof. Krevolin has
studied and developed these precepts into something called Prof. K.’s Big
Seven. The Big Seven will then be explained, explored and video examples
provided.
1:00 - 2:00 – LUNCH – Yummo!
2:00 – 2:30 – The Types of Stories Used in the
Courtroom and How To Tell Them So They Aren’t Boring.
There are six
types of stories that lawyers can use in the courtroom. Prof. Krevolin will do
an in-depth exploration of these story types, when to use them and how
audiences/juries respond to them. With an understanding of these story types, a
more effective and persuasive presentation can be developed for clients, judges
and juries.
2:30 – 3:00 – Storytelling for Juries Raised in
the TV Age –
Most juries get
their basic understanding of the law through TV; they learn visually and mostly
through sound bites. Thus, it is worth exploring how litigators must alter
their presentations to cater to TV age juries. This part of the course will
explore the conscious and unconscious ways in which our visually-based culture
has impacted learning and knowledge transference that engages both the
analytical brain and the emotional brain.
3:00 – 3:30 – CHOICE and Character Development:
How to Develop and Understand Complex Three Dimensional Characters
Characters are
determined by the choices they make. We will do an in-depth study of character
choices and how they can be altered and affected. Prof. Krevolin will also look
at how characters are constructed in stories. What is their arc and what are
their three P.’s – Professional, Psychological and Personal lives. Then, Prof.
Krevolin will illustrate how storytellers can use these tools to create more sympathetic
characters.
3:30 – 4:00 – Professor
K.’s 5 Step Story Process – A Master Method to Map Out the Course of the Story
You are Going To Tell In Court
Good
storytellers are not born, they are made. Anyone can learn the basic precepts.
And all stories need to be worked, reworked and constantly revamped until they
shine like a precious stone. Over the past twenty years, Prof. Krevolin has
studied and developed a series of storytelling precepts that he calls Prof.
K.’s Five Step Process.
Step 1 – FIND A WORD THAT EMBODIES YOUR STORY
Step 2 – FIND
AN IMAGE
Ste p 3 -- THE
SINGLE SENTENCE
Step 4 – ANSWER
THE BIG SEVEN QUESTIONS THAT ALL STORYTELLERS MUST ASK THEMSELVES…
Step 5 – FILL
IN THE SCENE-O-GRAM REPRESENTING ACT 1, 2 & 3.
As a result of
engaging in this process, a litigator will be able to locate unifying and recurring
themes, motifs and story elements that will transcend a long-drawn out court
battle and stay with juries. With these elements in place and the creation of himself
and his client as a sympathetic character, litigators ought to be able to
produce a story that compels emotion and commitment to the desired result.
4:00 – 4:30 – Aristotle’s Three-Act Structure In
Action in the Courtroom.
Many lawyers look only at the plaintiff's
situation as the story and forget the larger context of the lawsuit in which it
occurs and its role in the story. They ignore the need for/role of
"scenes" in the telling of the overall story. Thus, it necessary to
set the story of a case in a larger context. Prof. Krevolin will lead the class
in an interactive exercise wherein he does this.
4:30 - 5:30 – Interactive storytelling: Applying
storytelling to opening and closing statements
Prof. Krevolin
will lead the group in an in-depth story analysis of the opening and closing statements
that were distributed to all beforehand. Attendees will be expected to discuss
potential ways to revise these openings and closings by incorporating their
newly acquired storytelling knowledge and in doing so, create openings and
closings with greater impact. This will mark the end of the lecture format and
this part of the class will be much more of an open forum.
DAY
2 SCHEDULE – A MORE INTIMATE WORKSHOP
Pre-Class
Homework: Opening Statements.
Attendees for this intimate workshop are
expected to bring in an opening statement that they are not happy with and want
to improve. In addition, this class should be limited to no more than 10 people
who are willing to sit around a single table and work closely with the group on
their story.
9:00 – 9:30 – Using Professor K.’s 5 Step Story Process –
Mapping out the Story To Be Told In an Upcoming Trial
Participants
will hear a mini-recapitulation lecture of storytelling basics and then gear up
to apply this five step process to an upcoming case… (or to one of the cases
discussed the day before). They will be forced to label things such as theme,
recurring images, inciting incident and their story’s structure.
Step 1 – FIND A WORD THAT EMBODIES YOUR STORY
Step 2 – FIND
AN IMAGE
Step 3 – THE SINGLE SENTENCE
Step 4 – ANSWER
THE BIG SEVEN QUESTIONS THAT ALL STORYTELLERS MUST ASK THEMSELVES…
Step 5 – FILL
IN THE SCENE-O-GRAM REPRESENTING ACT 1, 2 & 3.
9:30 - 10:00 – EXERCISE ASSIGNMENT: Time to get to work!
Participants will work together
or individually on a specific case, mapping out the stories that they are
developing and fulfill all five steps of the process. They will consider how to
launch their stories and what is the central action?
10:00 – 12:30 – Presentation of ASSIGNMENT #1.
Attendees will
then present their responses to the five-step process to the group and each
will be discussed in detail.
12:30 - 1:00 – Story-based Opening Statements & EXERCISE
ASSIGNMENT #2:
Prof. Krevolin will then
talk about applying these storytelling elements to opening statements. He will
emphasize the key elements and then assign exercise #2 to all attendees.
1:00 - 2:00 – A WORKING LUNCH – Educational and
Nutritious!
2:00 - 5:00 – Presentation
of New & Improved Story-Driven Opening Statements
Each attendee
will stand in front of the entire group and talk about how they have changed
their opening statements, reading story-driven excerpts that they believe are
now much more effective. These will be
discussed and further altered according to the class response…
5:00 - 6:00 – COCKTAIL HOUR – Eat, drink and be
merry!
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