Litigation
Cal. Litig. 2022, VOLUME 35, ISSUE 2
Content
- A Conversation With Ninth Circuit Judge John B. Owens
- Advanced Topics In Appellate Practice: the Path of Mastery
- Editor's Foreword
- From the Section Chair
- How Rights Went Wrong: Why Our Obsession With Rights Is Tearing America Apart
- It's Time To Fix Our Broken Discovery Civil Culture
- LITIGATION v. TRANSACTIONAL WORK: WHO'S THE "REAL LAWYER"?
- New Federal Legislation Raises Multiple Questions Regarding Litigation of Sexual Abuse and Sexual Harassment Cases and Affects Recent State Legislation
- PAST SECTION CHAIRS & EDITORS-IN-CHIEF
- SECTION OFFICERS & EDITORIAL BOARD
- Table of Contents
- The Crest Opinions: Impeding Legislative Efforts To Diversify Corporate Boards
- The Power of Arbitrators To Decide Arbitrability — Delegation Clauses and Lessons From Caselaw
- U.S. v. NIXON, 50 YEARS LATER
- When May a Court Compel An Individual (Or Representative) Paga Claim To Arbitration?
- Tell It To the Judge ... or the Jury ... or the Arbitrator? Before You Tell Your Story ... Know Your Audience!
TELL IT TO THE JUDGE … OR THE JURY … OR THE ARBITRATOR? BEFORE YOU TELL YOUR STORY … KNOW YOUR AUDIENCE!
Written by Kevin P. Dwight*
Storytelling is a critical part of every case. A jury has to believe your story, relate to it, and feel that the outcome you are asking each juror to deliver is, at the end of the day, a fair and just result. A judge, who has hundreds of other cases on his or her docket, also wants to reach the right result, but wants you to deliver it as efficiently as possible, without all the pizzazz attendant to a jury trial. Trying your case before an arbitrator requires a combination of the two â enough zest to keep the proceedings lively, while understanding you are telling your story to a sophisticated factfinder, typically a former judge or experienced litigator.
This article explores strategies for securing the right audience for your case â judge, jury, or arbitrator. Next, tips are presented to help you tell your story most effectively to give you the best chance of success, depending on your particular audience. Finally, this article examines how to tell our stories if, heaven forbid, we need to keep telling them to judges, juries, and arbitrators over Zoom and other remote video software programs.