Litigation Strategy and Case Evaluation
Strategy and Planning
The theme expresses the defense position in a form jurors can retain and apply to evidence throughout trial. It should be stated in plain language and supported by the evidence rather than imposed on it.
Themes develop from the evidence rather than preceding it.
Alternative Names:
Trial Theme|Defense Theme
Why it Matters?
Themes constructed before the evidence is developed frequently collapse when the record does not support them, which is why theme development should follow rather than precede discovery. Testing themes with focus groups identifies which resonate and which produce unintended reactions. A theme that requires jurors to dislike the plaintiff is riskier than one giving them a principled basis to find for the defense.
Frequently Confused with
Related terms
Frequently asked questions
When should themes be developed?
What theme is riskiest?
