Persuasive Storytelling: Using The Moth Radio Hour to Build Our Courtroom Stories

Persuasive Storytelling: Using The Moth Radio Hour to Build Our Courtroom Stories

The best courtroom lawyers have strong skill sets in extraordinarily diverse subject matters. One of those common areas is storytelling, and the best know how to unfold persuasive stories in 30 seconds or two minutes or one hour as circumstances dictate. They use persuasive storytelling in their pleadings, motions and briefs. They do it in their opening statements and closing arguments. And they do it in their examination of witnesses on direct and cross.

How do they do it? Obviously, there’s no one way to be persuasive, but there are principles that frequently help. In this short article, let’s look at How To Tell A Story: The Essential Guide to Memorable Storytelling from the Moth, by Meg Bowles et al. The Moth hosts storytelling events, workshops, and The Moth Radio Hour. In the book’s 327 pages, this 2022 guide presents the principles themselves and the principles in action. There are numerous examples showing how real people, who have a story worth telling, but might fear public speaking, overcome that fear with bravery. As a result of its excellence, The Moth’s book became a New York Times bestseller.

For this article, we’ll touch on some of the principles we can consider for use in our own authentic style. We will look at some of the concepts and then end with The Moth’s “Reviewing Your Story” checklist.

In litigated cases (as in life generally), there are particular events that changed the client. What are those moments? Why do they stand out from other moments? What did the client choose to do? What did the client choose not to do? What happened as a result? Where did things go wrong? How did the client struggle and recover? What did the client learn in that moment?

In stories, there are a series of events, and the storyteller decides where the story starts, how it moves, and where it ends. At some point in the series of events, something happens to disturb or disrupt ordinary life (which is why the “out of the ordinary” starts the story).  What was the client’s inciting incident, setting everything in motion? What happened that broke the pattern, interrupted ordinary life, shook things up, pushed or pulled the client into an unplanned path? How did that moment change the client?

In a good story, something is at stake, and the resolution of those stakes will lead to transformation. For the client, what are the stakes? What could be lost or gained? Why did the client care?

Stories unfold. A series of incidents evolve until things have changed, and people have been transformed, and there is no going back to the way things were. Have we developed the client’s story to go beyond mere anecdotes? Do we go deeper into how the events were transformative and lead to a lasting effect?

Good stories have a framework supporting and showing change. What is the arc of the client’s story? Who was this person at the beginning, and who is this person now, at the end? How was the client changed? As a result of these events, how is life forever lived differently?

In trial advocacy, we teach the importance of having a theory of the case and a corresponding theme (which distills the case into a headline or one sentence). In storytelling, there are both the plot and arc of the story, and there is the “one sentence.” Our one sentence for the client guides us through, for example, our direct examination. That one sentence gives focus (which events to include and highlight) and perspective (the lens through which to view the client’s transformation). So, what is the client’s story truly about? What’s the best way to summarize it into one thematic sentence? How will we use that one sentence as our focus for the client’s story?

Specificity and details can demonstrate credibility and truth. What’s the information that is important and necessary for the arc of the client’s story? If we list these “stepping stones,” which will become full scenes (the compelling and critical parts)? Which will become summaries (showing the timeline and connecting the scenes)? Which will become moments of reflection (feelings, insights, lessons learned, changes made)? How will the client’s story end, and how will we build the story toward that resolution?

A good movie is an unfolding of compelling scenes, telling one day in three minutes, for example, instead of showing all the details of 24 hours. How can we bring the client’s potential scenes to life in a visceral way that creates an experience? What is the one specific scene we are building toward? How do we stay inside the present action as it unfolds (rather than merely talking about it in hindsight)? Which details will bring the client’s scenes to life and make them memorable? How will we use our senses to highlight important moments with emotion and tension?

Without confusing us, good stories provide access to the client’s inner life, the background necessary for full understanding of the experience. How will we provide enough backstory for the context without boring and exhausting our audience?

After building the sequence of compelling events, we need a good resolution, the climax to which everything else had been leading. How will we land the arc of the client’s story? Can we show and tell what exactly changed for the client, how the client is different now than at the beginning?

To create some bond between the client and the audience, we need some connective tissue. We need the emotion that makes the audience feel what the client was feeling. How can we add the spice of emotion to our scenes? How will we put the audience back in the moment when things were first being felt, whether physically or emotionally? How do we connect the audience to the universal emotions of being, for example, confused or hurt or embarrassed or nervous? How will we help the audience experience the client’s story and its stakes with feelings?

Good stories can come in many different structures. The Wizard of Oz. Pulp Fiction. The Godfather II. The best structures serve the story, and they all provide some order. For the client’s moments and scenes to be highlighted, how will we order them? Chronologically as experienced by the client? In flashbacks that footnote necessary information, thoughts and feelings? With a cliffhanger that adds tension? Would it help to have bookends that link the ending of the client’s story to the very first scene?

The classic advice is to start strong and end strong. With stories, we must carefully choose our opening and closing points. Where will we begin, dropping our audience into the action of a scene? Where will we end, adding some call to action? How will we plot the journey to create our arc? How will our ending answer the central question of the story, resolving the conflict?

The Moth provides a handy checklist, referred to as “Reviewing Your Story,” as part of its “How To Tell Your Story: Guide To Getting Started”:

1. What’s your “one sentence”?

• Can you distill—in one sentence—what the story is ultimately about for you?

2. Is the change clear?

• Do you clearly express the difference between who you were at the beginning of the story and who you were at the end?

3. Are the stakes defined?

• Is your listener clear on what you stood to gain or lose? Why was it important? Who or what was standing in your way?

4. Can you identify your arc?

• Do you clearly articulate the necessary back story and context?
• Do you include an inciting incident (the thing that broke the pattern)?
• Have you built tension in your story? How?
• What is the resolution? Do you stick your landing?

5. Have you balanced scenes and summary?

• Are there moments that could be built out into a larger scene with more details?
• Would the story flow better if some of the scenes were summarized?

6. Is your story the correct length for your audience?

• Is there a time limit, and if so, can you tell your story within it?
• If it is running long, can it be trimmed or adjusted? . . . . [e.g., shortened, summarized, completely edited out]
• If it is too short, is there anything you might consider adding? . . . . [e.g., details about your state of mind]

7. Does your “one sentence” still apply?

• After considering these questions, do you feel all the pieces of your story support your “one sentence”?

Developing our skill sets ultimately benefits our clients, and there are many different subject matters to conquer. Understanding and practicing persuasive storytelling is one of the more enjoyable subject matters. How To Tell A Story helps us to develop and to enjoy at the same time.