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Nothing but the Truth: Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth

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Overview

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 and—not at all coincidentally—for 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."

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Editorial Reviews

From the Publisher
"Lubet has managed to spin an engaging tale that includes a Pope, gunslingers, and lawyers. Most of the time, the lawyers are actually the good guys. This book will serve those who already practice the law, plan to do so, watch Court TV, or like a story well told."

-Christopher Harper,Roy H. Park Distinguished Chair, School of Communications, Ithaca College

"A delightful and insightful book [that] entertains as it instructs."

-ABA Journal,

"Lubet's ability to downplay advocacy techniques while emphasizing the rich context of facts, story, and personalities is superb."

-Choice,

"Steven Lubet—lawyer, teacher, and raconteur—has written a great book. He makes us think about how we can use trials to advance justice—the most important of human pursuits."

-Michael E. Tigar,Professor of Law and Edwin A. Mooers, Sr. Scholar in Law, American University, Washington College of Law

"This excellent set of essays, both scholarly and imaginative, offers a rare bridge between the parallel universes of legal scholarship and courtroom practice. There is no better guide to the enterprise of storytelling in the law than Steve Lubet."

-Marianne Wesson,Professor of Law, University of Chicago

Choice
Lubet's ability to downplay advocacy techniques while emphasizing the rich context of facts, story, and personalities is superb.
Marianne Wesson
This excellent set of essays, both scholarly and imaginative, offers a rare bridge between the parallel universes of legal scholarship and courtroom practice. There is no better guide to the enterprise of storytelling in the law than Steve Lubet.
Choice
Lubet's ability to downplay advocacy techniques while emphasizing the rich context of facts, story, and personalities is superb.
ABA Journal
A delightful and insightful book [that] entertains as it instructs.
Booknews
The best lawyers are storytellers, says Lubet (law, Northwestern U.), who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives. Countering critics who see such practices as attempts to confuse witnesses and hoodwink juries, he argues that storytelling is a legitimate technique both for determining the truth and providing defense for the client. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780814751749
  • Publisher: New York University Press
  • Publication date: 6/11/2012
  • Edition description: New Edition
  • Pages: 219
  • Product dimensions: 8.90 (w) x 5.90 (h) x 0.70 (d)

Meet the Author

Steven Lubet is the Williams Memorial Professor of Law at Northwestern University in Chicago, Illinois. He is the author of a dozen books, including Nothing but the Truth: Why Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth (NYU Press) and over 100 articles. He also writes an award-winning column for the American Lawyer magazine. His commentaries have been head on National Public Radios Morning Edition, and his op-ed columns have appeared in the New York Times, the Chicago Tribune, and other major national newspapers.

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Table of Contents

Acknowledgments
Introduction: Storytelling Lawyers 1
Ch. 1 Biff and Me: Stories That Are Truer Than True 11
Ch. 2 Edgardo Mortara: Forbidden Truths 27
Ch. 3 John Brown: Political Truth and Consequences 51
Ch. 4 Wyatt Earp: Truth and Context 93
Ch. 5 Liberty Valance: Truth or Justice 135
Ch. 6 Atticus Finch: Race, Class, Gender, and Truth 161
Ch. 7 Sheila McGough: The Impossibility of the Whole Truth 183
Index 199
About the Author 219
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