Lessons in Trial Advocacy from Donald Trump

What can Donald Trump teach us about being better trial lawyers?  Thomas Friedman, in a recent New York Times column, commented that “The voters listen through their stomachs.  If a leader can connect with them on a gut level, their response is: ‘Don’t bother me with the details.  I trust your instincts.’”

Reading Friedman’s column reminded me that jurors also listen with their stomach, or gut. I am remembering the things my law school trial advocacy professor, the late Steve Morrison, might have said: Be prepared. Keep it simple. Do not over-promise. Personalize your client. Tell a story. Ask the jury for what you want. In the end, whatever you do, make a connection, so that their gut tells them that you can be trusted.

Friedman also said Trump “has already gone places no candidate ever has . . . .” As Friedman further noted, Trump may ultimately go too far and “sever his gut connection with voters.” Another good reminder for jury trials: Don’t go too far. Know when to stop.

Thank you, Donald Trump, for teaching us how to be better trial lawyers.

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