Trial Nugget: Chorus, Not Clutter: What to Repeat at Trial

Host Brendan Lupetin tackles the strategic paradox every trial lawyer faces: how to emphasize your strongest evidence through repetition without annoying jurors who hate lawyers who “say the same thing over and over.” Drawing extensively from David Ball’s “Theater Tips and Strategies for Jury Trials,” Brendan explains the critical distinction between strategic repetition that wins cases and mindless repetition that loses them. He reveals Ball’s gold standard for what to repeat—only what you want favorable jurors to say in deliberations—and shares the cautionary tale of a lawyer who said “in the blue Honda Civic southbound on US Interstate Highway number 95” sixty-seven times in a six-day trial, undermining his case’s impact.