The Power of the Narrative

When I started my law firm, we hit a snag pretty quickly. My team was great at digging up every possible fact and knew the law inside out. But when it came to putting it all together for our clients' stories, things got messy. We had tons of facts, sure, but not all of them mattered. And when it came time to talk strategy, especially about the facts that didn't look so good for us, we were kind of all over the place.

It hit me that being a good lawyer isn't just about having all the facts or knowing every law by heart. It's about figuring out which facts matter and how to create a story that sticks with a jury, even when you've got to deal with some facts you wish weren't there. We had to learn to sift through the noise and focus strategically and intentionally upon what really tells the story.

This realization underscored the need for a fundamental change in how we approached case preparation. Rather than merely collecting evidence, we needed to focus on crafting the story of our client's experience, and allow it to guide our litigation strategy going forward.

So, we decided to shift our focus away from merely collecting facts that seemed to be relevant and developing compelling legal arguments.? Instead, we began to emphasize the development of a Case Narrative that could speak to jurors on a human level. To do this, we ask six pivotal questions:

• What happened? Asking this question focuses us on carefully selecting the most relevant facts from the evidence. This step involves sifting through all the information to pinpoint what truly matters for the case. It's about distinguishing the essential facts that will drive the narrative and influence the outcome.
• Why shouldn’t it have happened? This question probes the reasons behind the event, pinpointing fault by identifying deviations from acceptable norms or legal standards. This critical analysis focuses on uncovering who is at fault, detailing their missteps, and exploring preventative measures that could have averted the incident. It lays the foundation for establishing liability, emphasizing the breach of duty that led to the adverse outcome.
• What are the Rules? "What are the Rules?" goes beyond identifying the legal framework and standards breached. This step ensures we focus on the rules most applicable to our case, integrating them into the Narrative from the beginning. It's about understanding the context and application of these rules to our client's situation and using this knowledge to guide our legal strategy, ensuring that every piece of evidence and every legal argument we use aligns with these foundational rules.
• Why do you think it happened? Asking this question is like lighting a spark for our creative process. This is where we delve into the heart of our case, probing into the depths of the defendant's motives. It's not just a matter of laying out the evidence; it's about weaving together a narrative that captures the essence of why the defendant took the actions they did. Sometimes, the reasons are clear-cut, directly observable in the evidence at hand. Other times, they're hidden, lurking beneath the surface or unspoken by the defendant. By engaging our creativity and looking beyond the obvious, we uncover those unseen motivations and silent admissions.? It’s in these depths that we find the true heart of our story, the underlying why that transforms a collection of facts into a persuasive, engaging story.
• Why do they say it happened (or didn't)? By asking this question, we focus on understanding and countering the opposition's perspective. This step is critical for refining our Narrative, as it requires us to examine the opposition’s arguments with an objective lens. By confronting their claims directly, we can identify the strengths and weaknesses in our case and strategize accordingly. This proactive approach is not just about disproving their story but about reinforcing the credibility and persuasiveness of our own.
• What was the result? Answering this question hones in on the damages story, linking the event's consequences directly to our client's harm. This isn't just about listing damages; it's about showing how the defendant's actions have tangibly impacted our client's life, making a compelling case for compensation. We detail both economic and non-economic damages that quantifies and humanizes the harm, underscoring the necessity of a just remedy.

Utilizing the Narrative in Case Management

This Narrative-focused approach has profoundly influenced our case management. At intake, the Narrative begins to take shape, guiding our initial fact-gathering and influencing how we draft the petition or complaint. As we collect more information, the Narrative grows and evolves, and perhaps changes, informing our decisions on which discovery requests to send and depositions to take.

This methodology ensures that every step we take is aligned with reinforcing the Narrative. When it comes to addressing motions for summary judgment or preparing for trial, we aren’t starting from scratch. Our continuous focus on the Narrative means we have a well-developed story that guides our strategy, making our responses more effective and our trial preparation more efficient.

Our opening statements are essentially prepared from the beginning, honed over the course of the litigation process. By the time we reach trial, every witness we call and every exhibit we present has been meticulously selected and strategized to advance our Narrative. This deliberate preparation ensures that each piece of testimony and evidence directly contributes to the story we're telling, keeping the jury's attention riveted on the aspects that truly matter. It's a methodical approach that not only strengthens our case but also streamlines the trial process, ensuring that every element presented in the courtroom serves to reinforce the Narrative we've carefully built from day one.

By embedding a narrative-centric approach into our case management, we've transformed our practice. We sift through the clutter to focus on what truly matters, evolving from traditional lawyering to skilled storytellers. This shift has made our cases more persuasive and our strategies more cohesive.

But the impact of this change extends far beyond improved outcomes in the courtroom. It has redefined our firm's identity, embedding the art of storytelling at the heart of everything we do. We're not just representing clients; we're telling their stories, advocating for justice in the most engaging and impactful way possible.

This evolution into narrative-focused lawyering has underscored a fundamental truth: the power of a well-told story cannot be underestimated in the pursuit of justice. As we continue to refine our craft, the Narrative will remain our compass, guiding us to not only achieve success for our clients but also to inspire change and understanding through the stories we tell. This is not merely a methodology—it's our mission, our ethos, and the essence of our identity as a firm.

Simone Fulmer Gaus is a personal injury lawyer in Oklahoma City, who has headed her own law firm since 2014.