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Book Review: 'Performance on Trial: The Case for Better Entertainment'

Rodney Nordstrom
July 18, 2012
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As the lights dim, the soundtrack from the “Godfather” starts and a colorful, tough-looking, rotund Italian cradling a Churchill cigar enters stage right. Joey “The See”, aka Joseph Curcillo III, is a successful magician and defense attorney. At night, Joey performs for audiences in theaters seating thousands. By day, Joe performs before juries of 12 with the power to grant life or death. From two-hour evening shows to jury trials lasting weeks and requiring a lawyer to perform 10 hours a day, Joe lives for his audiences.
 

il-nordstorm-15col.jpg (Photo submitted)

His new book discusses perfecting the art of communication, audience perception and strategic performance techniques necessary for successful presentations. Joe has spent 25 years at the top of his profession as a successful judge, prosecutor and trial lawyer. By fusing together a lifetime of experience as a performer with the secrets of winning in the courtroom, he has produced the method for trial attorneys who want to succeed with juries. His new book, “Performance on Trial: the Case for Better Entertainment,” teaches presentation skills from the perspective of a professional who understands what an audience needs.

His skills as a professional presenter are the result of years of training and experience on stage in theater and “on stage” in court. His mastery of these two worlds has made him one of the most highly sought-after performance trainers for the legal profession. Joe has spent the last 25 years teaching trial lawyers how to present winning cases. Whether he is on stage entertaining corporate executives or in court defending a client charged with violent crimes, Joe knows the ultimate goal is winning the audience. His book consists of a rather interesting compilation and insights necessary for successful trial work. The six-chapter, 154-page book discusses the roles of both magic performer and trial attorney. Aristotle’s basics of rhetoric: Pathos, Logo and Ethos are the underpinnings for the book. He creatively accentuates his chapters with clever quotes from a range of sources including Ian Anderson (Jethro Tull), Humphrey Bogart, Lenny Bruce, Monty Python, Francis Bacon and Milton Erickson.

Joe starts by saying, “…they (the jury) want to hear words that are in your heart, or you are not ready to present a winning case.” Rhetorically he asks, “Do you give your audience the information to choose the world you want them to accept? Do you argue the facts through your passion for the topic so the audience will follow your conclusions?” Simply put, will your audience (jury) want to take you on a second date?

According to Joe, your opening is the dust jacket of your entire presentation and must motivate jurors to open the book, not just stare at the cover, and must resemble a movie trailer. In a rather profound insight, he says he prefers to “walk along the edge of reality until the audience settles into the outskirts of the secondary world you create for them.”

In his chapter on storytelling, he offers the following COLOR acronym: Clarity of thought, Open your mind, Listen to your instincts, Observe your audience and Rehearse. This simplified reminder should help you connect with jurors, causing them to suspend their reality and briefly enter your world. The most effective argument is one in which the jurors enjoy being involved. Remember, your presentation is for them, not you.

“Performance on Trial” draws parallels between performance skills of the magician and trial attorney. At times, he takes a light and sometimes humorous approach to his presentations. Joe reminds us that an easy way of motivating your jury is to make your world so inviting that they truly want to understand your case. But it is so much more than that; he refocuses attention back on the importance of jury-centered advocacy, not attorney-centered case presentation. The book sells for $39.95 and is available from ThoughtEmporium, www.thoughtemporium.com, and Joey can be reached at jac@bclegal.com. Joey warns you to read his book or you’ll be seeing him.•

__________

Rodney Nordstrom, Ph.D., J.D. is a trial consultant and magician. His trial consulting company, Litigation Simulation Services, www.litsim.com, is located in Peoria, Ill. The opinions expressed are those of the author.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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