Nothing but the Truth: Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth
Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives. Critics of th...
Gespeichert in:
1. Verfasser: | |
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Format: | Elektronisch E-Book |
Sprache: | English |
Veröffentlicht: |
New York, NY
New York University Press
[2001]
|
Schriftenreihe: | Critical America
68 |
Schlagworte: | |
Online-Zugang: | DE-1043 DE-1046 DE-858 DE-859 DE-860 DE-473 DE-739 Volltext |
Zusammenfassung: | Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives. Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why not simply allow the witnesses to speak their minds, without the distorting influence of lawyers' stratagems and feints? But Lubet demonstrates that the craft of lawyer storytelling is a legitimate technique for determining the truth andnot at all coincidentallyfor providing the best defense for the attorney's client. Storytelling accomplishes three important purposes at trial. It helps to establish a "theory of the case," which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney's client. Storytelling also develops the "trial theme," which is the lawyer's way of adding moral force to the desired outcome. Most importantly, storytelling provides a coherent "story frame," which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context. As with all powerful tools, storytelling may be misused to ill purposes. Therefore, as Lubet explains, lawyers do not have carte blanche to tell whatever stories they choose. It is a creative process to be sure, but every story must ultimately be based on "nothing but the truth." There is no room for lying. On the other hand, it is obvious that trial lawyers never tell "the whole truth," since life and experience are boundless and therefore not fully describable. No lawyer or court of law can ever get at the whole truth, but the attorney who effectively employs the techniques of storytelling will do the best job of sorting out competing claims and facts, thereby helping the court arrive at a decision that serves the goals of accuracy and justice. To illustrate the various challenges, benefits, and complexities of storytelling, Lubet elaborates the stories of six different trials. Some of the cases are real, including John Brown and Wyatt Earp, while some are fictional, including Atticus Finch and Liberty Valance. In each chapter, the emphasis is on the narrative itself, emphasizing the trial's rich context of facts and personalities. The overall conclusion, as Lubet puts it, is that "purposive storytelling provides a necessary dimension to our adversary system of justice. |
Beschreibung: | Description based on online resource; title from PDF title page (publisher's Web site, viewed 29. Mrz 2022) |
Beschreibung: | 1 Online-Ressource |
ISBN: | 9780814765029 |
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520 | |a Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives. Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why not simply allow the witnesses to speak their minds, without the distorting influence of lawyers' stratagems and feints? But Lubet demonstrates that the craft of lawyer storytelling is a legitimate technique for determining the truth andnot at all coincidentallyfor providing the best defense for the attorney's client. Storytelling accomplishes three important purposes at trial. | ||
520 | |a It helps to establish a "theory of the case," which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney's client. Storytelling also develops the "trial theme," which is the lawyer's way of adding moral force to the desired outcome. Most importantly, storytelling provides a coherent "story frame," which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context. As with all powerful tools, storytelling may be misused to ill purposes. Therefore, as Lubet explains, lawyers do not have carte blanche to tell whatever stories they choose. It is a creative process to be sure, but every story must ultimately be based on "nothing but the truth." There is no room for lying. On the other hand, it is obvious that trial lawyers never tell "the whole truth," since life and experience are boundless and therefore not fully describable. | ||
520 | |a No lawyer or court of law can ever get at the whole truth, but the attorney who effectively employs the techniques of storytelling will do the best job of sorting out competing claims and facts, thereby helping the court arrive at a decision that serves the goals of accuracy and justice. To illustrate the various challenges, benefits, and complexities of storytelling, Lubet elaborates the stories of six different trials. Some of the cases are real, including John Brown and Wyatt Earp, while some are fictional, including Atticus Finch and Liberty Valance. In each chapter, the emphasis is on the narrative itself, emphasizing the trial's rich context of facts and personalities. The overall conclusion, as Lubet puts it, is that "purposive storytelling provides a necessary dimension to our adversary system of justice. | ||
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Datensatz im Suchindex
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adam_text | |
adam_txt | |
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spelling | Lubet, Steven 1949- Verfasser (DE-588)1011932105 aut Nothing but the Truth Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth Steven Lubet New York, NY New York University Press [2001] © 2001 1 Online-Ressource txt rdacontent c rdamedia cr rdacarrier Critical America 68 Description based on online resource; title from PDF title page (publisher's Web site, viewed 29. Mrz 2022) Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives. Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why not simply allow the witnesses to speak their minds, without the distorting influence of lawyers' stratagems and feints? But Lubet demonstrates that the craft of lawyer storytelling is a legitimate technique for determining the truth andnot at all coincidentallyfor providing the best defense for the attorney's client. Storytelling accomplishes three important purposes at trial. It helps to establish a "theory of the case," which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney's client. Storytelling also develops the "trial theme," which is the lawyer's way of adding moral force to the desired outcome. Most importantly, storytelling provides a coherent "story frame," which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context. As with all powerful tools, storytelling may be misused to ill purposes. Therefore, as Lubet explains, lawyers do not have carte blanche to tell whatever stories they choose. It is a creative process to be sure, but every story must ultimately be based on "nothing but the truth." There is no room for lying. On the other hand, it is obvious that trial lawyers never tell "the whole truth," since life and experience are boundless and therefore not fully describable. No lawyer or court of law can ever get at the whole truth, but the attorney who effectively employs the techniques of storytelling will do the best job of sorting out competing claims and facts, thereby helping the court arrive at a decision that serves the goals of accuracy and justice. To illustrate the various challenges, benefits, and complexities of storytelling, Lubet elaborates the stories of six different trials. Some of the cases are real, including John Brown and Wyatt Earp, while some are fictional, including Atticus Finch and Liberty Valance. In each chapter, the emphasis is on the narrative itself, emphasizing the trial's rich context of facts and personalities. The overall conclusion, as Lubet puts it, is that "purposive storytelling provides a necessary dimension to our adversary system of justice. In English LAW / Trial Practice bisacsh Law United States Trial practice United States Truthfulness and falsehood https://www.degruyter.com/isbn/9780814765029 Verlag kostenfrei Volltext |
spellingShingle | Lubet, Steven 1949- Nothing but the Truth Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth LAW / Trial Practice bisacsh Law United States Trial practice United States Truthfulness and falsehood |
title | Nothing but the Truth Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth |
title_auth | Nothing but the Truth Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth |
title_exact_search | Nothing but the Truth Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth |
title_exact_search_txtP | Nothing but the Truth Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth |
title_full | Nothing but the Truth Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth Steven Lubet |
title_fullStr | Nothing but the Truth Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth Steven Lubet |
title_full_unstemmed | Nothing but the Truth Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth Steven Lubet |
title_short | Nothing but the Truth |
title_sort | nothing but the truth why trial lawyers don t can t and shouldn t have to tell the whole truth |
title_sub | Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth |
topic | LAW / Trial Practice bisacsh Law United States Trial practice United States Truthfulness and falsehood |
topic_facet | LAW / Trial Practice Law United States Trial practice United States Truthfulness and falsehood |
url | https://www.degruyter.com/isbn/9780814765029 |
work_keys_str_mv | AT lubetsteven nothingbutthetruthwhytriallawyersdontcantandshouldnthavetotellthewholetruth |