This is, apparently, how to win a jury trial.
You argue the facts, not the law.
I mean, the law matters.
But the law matters in a tangent way.
Of course, now that I think about it, I suppose you could say that facts do not matter either.
What you are after is the emotions of 12 random people.
You want to persuade them to your point of view – and for that simple persuasion is needed.
Facts matter – but not in the area of persuasion.
And here is a larger list of persuasion tips if you are interested.
I have heard Peter Thiel say over and over again that in the trial, Gawker argued the law while Hogan’s case argued the facts. “You argue the law to show how much you know about the law,” he would say, “but it’s not how you win a case in front of a jury.” Thiel the nonpracticing attorney grasped this instinctively in a way that the professional lawyers for the defense clearly missed. Facts are stubborn things, and no amount of legal maneuvering could blunt them fully, not in court anyway. The person who wins the jury is the one who tells the most compelling story.
-Ryan Holiday, Conspiracy
