Crafting a Trial Strategy and Narrative Theme Using Narrative Therapy Techniques
By Robert Steiner MS, M.Ed, JD
Introduction
In trial practice, creating a compelling narrative and strategy is crucial for influencing juries and achieving favorable outcomes fornyour client. Narrative therapy, traditionally used in psychological settings, offers valuable techniques that can be adapted to trial strategy development and client preparation. This article explores how narrative therapy techniques—externalization, deconstruction, re-authoring, and identifying unique outcomes—can be used to craft a robust trial strategy and prepare clients and witnesses for their roles in court.
1. Externalization
Technique Overview: Externalization involves separating an individual's identity from the problems they face. By viewing issues as external to oneself, clients can see that their problems do not define them, making it easier to address and change their behaviors.
Application in Trial Practice:
- Defining the Issue: Externalization helps clients and witnesses see their challenges as separate from their identity. For instance, if a client is involved in a case of alleged negligence, externalization would encourage them to view the situation as an instance of "negligence" rather than seeing themselves as a "negligent person."
- Case Preparation: During preparation, a lawyer can work with clients to frame the case in a way that focuses on the external issues. For example, if a witness has a history of poor judgment, reframing it as "a past mistake" rather than a character flaw can help the witness present themselves more favorably.
- Example: If a client is being sued for breach of contract, externalization might involve helping the client see the breach as a single event or series of misunderstandings, not a reflection of their overall character. This perspective can help the client testify more confidently and focus on resolving the specific issue at hand.
2. Deconstruction
Technique Overview: Deconstruction involves breaking down negative narratives into smaller, more manageable components to identify and address their roots. This technique helps individuals understand and dismantle problematic stories influencing their behavior.
Application in Trial Practice:
- Breaking Down the Case: Deconstructing the case involves analyzing the narrative presented by the opposition and breaking it into smaller, manageable issues. This helps in developing counterarguments and identifying weaknesses in the opposing case.
- Client Preparation: Deconstruction can help clients and witnesses understand the origins of their fears or insecurities. For instance, if a client feels overwhelmed by a case's complexity, breaking the case down into smaller elements can make it more manageable and less intimidating.
- Example: If a witness is nervous about cross-examination, deconstructing their fears might involve identifying specific concerns (e.g., facing aggressive questioning) and developing strategies to address these concerns directly.
3. Re-authoring
Technique Overview: Re-authoring involves revisiting and revising one’s narrative to align with personal strengths and values. This technique helps individuals reshape their stories to reflect their goals and positive attributes.
Application in Trial Practice:
- Crafting the Narrative: Lawyers can use re-authoring to develop a narrative that highlights the client's strengths and favorable aspects of the case. By reframing the case around these strengths, the lawyer can present a more persuasive and positive story to the jury.
- Client Empowerment: Re-authoring helps clients and witnesses develop a narrative that empowers them. Instead of focusing on past mistakes or negative experiences, clients can focus on their positive actions and intentions.
- Example: In a criminal defense case, a lawyer might work with a client to reframe their story from one of "a person with a troubled past" to "someone who made a mistake but has since shown significant personal growth." This shift in narrative can positively influence how the jury perceives the client.
4. Unique Outcomes
Technique Overview: Unique outcomes are moments or events that contradict the dominant narrative. By highlighting these instances, individuals can challenge and alter their existing stories.
Application in Trial Practice:
- Highlighting Positive Moments: Identifying unique outcomes in a case allows a lawyer to highlight moments or evidence that contradicts the negative aspects of the case. These unique outcomes can serve as key points in presenting a more balanced and favorable narrative.
- Witness Preparation: Preparing witnesses to recall and emphasize unique outcomes can help counteract negative portrayals. For example, a witness who has been portrayed as unreliable can be encouraged to share instances where their reliability was proven.
- Example: In a case where a client's competence is questioned, the lawyer might focus on unique outcomes where the client demonstrated exceptional skill or responsibility, thus undermining the opposition's narrative.
Conclusion
Integrating narrative therapy techniques into trial strategy can significantly enhance the preparation and presentation of a case. By using externalization, deconstruction, re-authoring, and identifying unique outcomes, lawyers can craft compelling narratives that resonate with juries and effectively prepare clients and witnesses. These techniques not only help in framing the case positively but also in empowering clients to engage confidently and authentically with the legal process.
References
- White, M., & Epston, D. (1990). Narrative Therapy: Directions for Community Work. Norton & Company.
- Freedman, J., & Combs, G. (1996). Narrative Therapy: The Construction of Preferred Realities. Norton & Company.
- McLeod, J. (2013). An Introduction to Counseling. Open University Press.
For further information or to discuss any legal matters, please contact Attorney Robert Steiner at (205) 826-4421 or via email at robert@steinerfirm.com. Whether you have questions about this article or need personalized legal advice, he is available to assist you.
