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Unconventional Lawyering Leading to Conventional Credibility

By Jeff S. Korek and Abraham Z. Melamed

We have all heard the story of the defendant who is on trial for murder but, despite months of investigation, the police never recover the victim's body. So, in the defense attorney's closing statement, he devises a clever ploy. While addressing the jury, he says, “Ladies and Gentlemen of the jury, I have a surprise for you. Momentarily, the presumed murder victim will actually walk into this courtroom!” And with that, he points to the courtroom door. Immediately, everyone in the courtroom turns to the door in great anticipation, yet, a couple of minutes pass, and nothing happens. Finally, the lawyer turns toward the jury, smiling, and says, “The truth is, the presumed murder victim will not be walking through the door, I made that up. However, everyone here looked on with great anticipation, expecting the victim to walk through the door. That means you must have reasonable doubt as to whether anyone was ever killed in this case, so I must insist you return a verdict of Not Guilty”!

The ending to this story varies greatly from one version to the next. Some claim the jury still returned a guilty verdict, and others claim the ploy worked and the defendant was acquitted. Most believe the story is simply a fable crafted in the scripts of Perry Mason and the like. But fact or fiction, the story illustrates an important point. Thinking outside the box, and practicing unconventional lawyering skills, can often lead to credibility with a jury that run-of-the-mill lawyering could never achieve.

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