Trial Theory

“Excellence can be attained if you care more than others think is wise, risk more than others think is safe, dream more than others think is practical, and expect more than others think is possible.”

~ Author Unknown (but stolen from Leigh Johnson’s facebook page)

Blonde Justice has a wonderful story about the power of music and how it is possible to inject some humanity into the cold halls of our courthouses.  She writes about how she meets a man in the courthouse hall who is worried about a hearing he is about to walk into.  He is carrying a cello that he is to play at a friend’s wedding later that evening – our friend Blonde Justice suggests:

“Maybe you can tell the Judge that if he puts you in jail some poor bride’s wedding will be ruined.  Or offer to play for him as your community service.”

The man is called into the courtroom, and our friend Blonde Justice remains in the hallway talking shop with a prosecutor, when minutes later they hear the sounds of a cello coming from the courtroom:

And, amazingly, everyone in the busy courthouse hallway stopped, for just a few seconds, to look toward the courtroom door and to listen. A couple that had been arguing quieted.  Their kid, in his stroller, stopped crying for their attention.  For a minute, the sometimes inhumane courthouse seemed like an almost heavenly place.

What a beautiful story – we don’t know how it ends or if the musician is sent to jail, but really how could he have been?  The power of music, which may be the most effective means of tapping into our shared experience as human beings, is rarely seen or heard in the courthouse.  This man, walking into a frightening and unfamiliar situation, with the help of Blonde Justice, turned to what he knew best – a combination of circumstance (carrying his cello) and ability (he is a musician) that made it possible to bring color, life, and compassion to an otherwise cold and gray scenario.

I am always looking for ways to bring music into the trial of cases, and it is difficult at best.  It is not ordinarily something that can be planned – it is something that must come spontaneously.  I have talked to a few attorneys that were brave enough to sing in their closing arguments, but I have not yet had a trial where it felt appropriate to me.  One thing that I have done is to look for a song that sums up my case, that fits my client or that captures the theme of the trial, learn it, sing it, and play it on the ipod and in my head and my heart throughout the trial of the case.  It helps me to feel what I need to feel in that particular case, and I cannot expect to convey that emotion to the judge, prosecutor, and jury unless I have found a way to feel it myself.

I would love to hear ways that others have found to incorporate music into their trial work, whether in preparation or especially during the trial itself.  Anyone?

May God bless you with discomfort at easy answers, half truths, and
superficial relationships so that you may live deep within your heart.

May God bless you with anger at injustice, oppression, and the exploitation
of people so that you may work for justice, freedom and peace.

May God bless you with tears to shed for those who suffer from pain,
rejection, and starvation so that you may reach out your hand to comfort
them and to turn their pain into joy.

And may God bless you with enough foolishness to believe that you can make a
difference in this world so that you can do what others claim cannot be
done.

A friend sent me this Jesuit prayer when I was feeling discouraged at the seeming hopelessness of fighting for victims of civil rights abuse – sometimes the courts are against you, the police are against you, much of the legal community is against you, and even your friends and family disagree with what you are trying to do.

Thank you John.

Music is a powerful medium for evoking an emotional response.  Although I”m always looking for a way to use music effectively in trial, I haven’t been able to find a way to make it fit yet.  I’ll keep trying.

One thing that I can do is find a song that fits my case or that fits my client, and listen to it before trial.  I can keep that song on my ipod and listen to it as I arrive at the courthouse, or when I’m leaving the courthouse, and I can hear it in my head as I am trying the case.  I hear the music as I am delivering my opening statement or taking my client through direct examination.

It does help, when preparing for trial, to find the right spot emotionally as I am working on my opening or closing, and to stay in the moment of the key parts of my client’s story.

The hard part is finding the right song that works for the case.  One that works perfectly for several of my cases is “for what it’s worth,” by Buffalo Springfield – an associate at my office has also decided that it is our theme song.  Maybe so.

There’s something happening here
What it is ain’t exactly clear
There’s a man with a gun over there
Telling me I got to beware

I think it’s time we stop, children, what’s that sound
Everybody look what’s going down

There’s battle lines being drawn
Nobody’s right if everybody’s wrong
Young people speaking their minds
Getting so much resistance from behind

I think it’s time we stop, hey, what’s that sound
Everybody look what’s going down

What a field-day for the heat
A thousand people in the street
Singing songs and carrying signs
Mostly say, hooray for our side

It’s time we stop, hey, what’s that sound
Everybody look what’s going down

Paranoia strikes deep
Into your life it will creep
It starts when you’re always afraid
You step out of line, the man come and take you away

We better stop, hey, what’s that sound
Everybody look what’s going down
Stop, hey, what’s that sound
Everybody look what’s going down
Stop, now, what’s that sound
Everybody look what’s going down
Stop, children, what’s that sound
Everybody look what’s going down