The Concept of the Theme in Advocacy: An Example

In teaching trial and appellate advocacy, we emphasize the concept of a persuasive theme: A concise statement, preferably only a sentence or two, that conveys the gist of the case in memorable terms. Johnny Cochran may have been mocked for his rhyming theme in the O.J. Simpson trial — "If the gloves don't fit/You must acquit" — but the couplet worked.

The video below has five short commercials for Chicago Jewish Funerals. The first clip concludes with one of the best examples I have seen for an effective theme. No need to watch the other four clips; they may also be effective as advertising, but they do not illustrate the sort of "adversarial" theme that lawyers use in litigation.

 

5 Comments

  1. Douglas B. Levene

    This reminds me of the legendary summary of the movie "Sid and Nancy" — "Rome and Juliet On Junk." Pithy summaries have their place.

  2. John Steele

    just as an historical side note, it's worth mentioning that according to Cochran the author of that famous line was not Cochran himself but rather Professor Gerry Uelman, also on the defense team.

  3. anon

    John

    That is explained in the clip linked above.

    Uelman was, at that time, the Dean at Santa Clara.

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