Trials Are About Connections

For trial lawyers, developing core themes is essential to building a persuasive case. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts his pro bono work in Uzbekistan, where he helped educate Uzbek lawyers and judges about the U.S. adversarial justice system. Mr. Small explains how he used the fictional murder case State v. Faulkner to teach participants the importance of theme development and demonstrate how both the prosecution and defense can construct plausible narratives from the same set of facts. After extensive discussion and practice, the Uzbek lawyers embraced the process, delivering thoughtful and compelling arguments from each side. Mr. Small concludes that the experience underscores a broader point: The adversarial system demands rigor, but it offers fairness through demanding advocates to find and develop connections that together tell a compelling, yet plausible, story.