The Magic of Advocacy
Mark J. LeWinter, Esq & Magician
Anapol Schwartz | Attorneys at Law

If the jury is bored…………
You are boring!!!!!!
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Houdini, Miller and Darrow
What do they have in common?
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Theme
“A play is what it spends the most time being about”
- David Ball on Damages
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

KISS REVISITED
Keep It Slogan Simple
- Michael Ammar, Magician
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Arthur Miller
First Step: What’s the play about?
Not surface plot: Essence
Second Step: Single Sentence
Often 3 or 4 months
Third Step: Keep Sentence Visible
At all times when considering dialog, every action, the sets ,
the props everything would build on that essence.
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Screenwriter Advice
“Close your scripts. Watch the play.”
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Wordsmiths are Overrated:
Communication Impact
7% is content
38% is tone, inflection and volume
55% body language, facial expression, eyes
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Choice is Yours!
Focus 100% of your effort on what accounts for 7% of communication in the courtroom.
OR
Focus at least 50% of your effort on what accounts for 93% of communication!
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

The 93% Factor
Explains why we can’t predict how things will “go in”
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Persuasive & Compelling Advocacy
Technique and Tips
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Jury Retention
90
80 3 hours
70 72 hours
60
50
40
30
20
10
0
Telling Showing Telling and
Showing
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

PowerPoint Poisoning
• Overuse
• TMI (Too Much Information)
• Focus: You or the PowerPoint
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Don’t Objectify Jury
• Tell the jury, explain to the jury
Or
• Tell US, explain to US
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Involve the Audience
• Emotionally Hook Them
• Freeze Effect at the Moment of Impact
• Give them time to focus
- Michael Ammar, Magician
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com

Juan Tamariz :
The Five Points in Magic
Eyes, Hands, Body, Voice, & Feet
Eyes Controlling Focus Hand Dont’s:
• Invisible Threads • “If you want the audience [jury] to • Fiddle
• Headlights look at you, look at them” • Clutch
• Always Contact for Complete Thought • “If you want the them to look at • Scratch
• Don’t be creepy something look at it yourself” • Point
• Timing: Allow time for focus/shift • Wring or Rub
-John Ramsay, Magician
Voice
• Inflection Body and Feet Hand Do’s:
- Rising • Newspaper Rule: • Empty and still
- Falling
• 45 degrees • Use of full arms
- Sustained
• Thumb and Middle “Okay”
• Tone
• Volume
Anapol Schwartz | Attorneys at Law www.anapolschwartz.com