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Book review: 'The Science of Attorney Advocacy'

Rodney Nordstrom
November 21, 2012
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nordstromcover1123-1col.jpgUnlike other books I have recently reviewed, the book “The Science of Attorney Advocacy targets a different type of reader. If you are a curious law student or devoted trial consultant wanting to know more about trial advocacy and how it interfaces with social science research, this book will interest you. If you are a trial lawyer or professor and want a quick overview of courtroom and trial psychology protocol, this is a readable introductory.

The book has six chapters plus an introduction covering a wide range of secondary topics: attorney demeanor, verbal communication, paralinguistics (study of pitch, volume and intonation), kinesic communications (study of body movement, gestures and facial expressions), attorney-client relationships and attorney storytelling. It consists of 298 pages and costs around $50.

Each chapter examines relevant research literature to see what commonly held beliefs are actually supported and which ones are not. This overview is then followed by recommendations and conclusions. Each chapter is like a sprint through the mountains of social science research literature underlying much of what we know or believe about the role of the various facets of courtroom persuasion. For example, the chapter on attorney demeanor analyzes likability, honesty, fairness and credibility and the likely effect these have on a juror. The authors then examine the social science research to see what part of trial advocacy is supported or not supported by the literature. Each chapter subtopic is kind of like a “MythBusters” for the trial attorney.

No book is perfect; all have some weakness. I was disappointed that most of the cited research was relatively old by research standards. Old doesn’t mean bad, just potentially outdated. Although the reference section boasts an impressive 900-plus citations, most of the cited sources are pre-2005. There has been a huge amount of research published since 2005 that could easily have been cited. There are a few reference throw-ins after 2005, as if more recent pieces were tossed in to make the book seem more comprehensive than it actually is. The most glaring absences in this reference section are the ubiquitous “Reptile by David Ball and Don Keenan and “Rules of the Road by Rick Friedman.

Authors Jessica Finley and Bruce Sales, each with J.D. and Ph.D. degrees, present an even balance of the released research findings and adopt a “just the facts ma’am” approach. In the end, the reader is left a little overwhelmed because of the point/counterpoint style of the research findings. It should not surprise the reader that not all trial-related research yields consistent black and white results.

What the reader will not find are sweeping revelations, conclusions or insights. There are no easy answers telling the trial lawyer what he should do to maximize effectiveness with jurors. In fact, the book shows trial effectiveness depends on many complex human and situational factors. While Findley and Sales have done a terrific job of summarizing the classic social science research studies up through 2005, the topics remain perplexing to the advocate trying to make sense of it all. This book, indirectly, highlights the limitations that can be made about human perception and decision making. In the end, jury selection remains largely an enigma.•

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Rodney Nordstrom Ph.D., J.D., is a trial consultant with his company Litigation Simulation Services (www.litsim.com) located in Peoria, Ill. The opinions expressed in this column are those of the author.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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