Legal Storytelling: How to Persuade with Story

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Legal Storytelling: How to Persuade with Story January 21, 2020 9:00 a.m. – 12:30 p.m. CT Bar Association New Britain, CT CT Bar Institute, Inc. CT: 3.0 CLE Credits (General) No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments. Page 1 of 49

Transcript of Legal Storytelling: How to Persuade with Story

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Legal Storytelling: How to Persuade with Story

 

        

January 21, 2020  

9:00 a.m. – 12:30 p.m.    

CT Bar Association  

New Britain, CT         

CT Bar Institute, Inc.  

CT: 3.0 CLE Credits (General)         

No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments.

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Lawyers’ Principles of Professionalism As a lawyer I must strive to make our system of justice work fairly and efficiently. In order to carry out that responsibility, not only will I comply with the letter and spirit of the disciplinary standards applicable to all lawyers, but I will also conduct myself in accordance with the following Principles of Professionalism when dealing with my client, opposing parties, their counsel, the courts and the general public.

Civility and courtesy are the hallmarks of professionalism and should not be equated with weakness; I will endeavor to be courteous and civil, both in oral and in written communications;

I will not knowingly make statements of fact or of law that are untrue;

I will agree to reasonable requests for extensions of time or for waiver of procedural formalities when the legitimate interests of my client will not be adversely affected;

I will refrain from causing unreasonable delays;

I will endeavor to consult with opposing counsel before scheduling depositions and meetings and before rescheduling hearings, and I will cooperate with opposing counsel when scheduling changes are requested;

When scheduled hearings or depositions have to be canceled, I will notify opposing counsel, and if appropriate, the court (or other tribunal) as early as possible;

Before dates for hearings or trials are set, or if that is not feasible, immediately after such dates have been set, I will attempt to verify the availability of key participants and witnesses so that I can promptly notify the court (or other tribunal) and opposing counsel of any likely problem in that regard;

I will refrain from utilizing litigation or any other course of conduct to harass the opposing party;

I will refrain from engaging in excessive and abusive discovery, and I will comply with all reasonable discovery requests;

In depositions and other proceedings, and in negotiations, I will conduct myself with dignity, avoid making groundless objections and refrain from engaging I acts of rudeness or disrespect;

I will not serve motions and pleadings on the other party or counsel at such time or in such manner as will unfairly limit the other party’s opportunity to respond;

In business transactions I will not quarrel over matters of form or style, but will concentrate on matters of substance and content;

I will be a vigorous and zealous advocate on behalf of my client, while recognizing, as an officer of the court, that excessive zeal may be detrimental to my client’s interests as well as to the proper functioning of our system of justice;

While I must consider my client’s decision concerning the objectives of the representation, I nevertheless will counsel my client that a willingness to initiate or engage in settlement discussions is consistent with zealous and effective representation;

Where consistent with my client's interests, I will communicate with opposing counsel in an effort to avoid litigation and to resolve litigation that has actually commenced;

I will withdraw voluntarily claims or defense when it becomes apparent that they do not have merit or are superfluous;

I will not file frivolous motions;

I will make every effort to agree with other counsel, as early as possible, on a voluntary exchange of information and on a plan for discovery;

I will attempt to resolve, by agreement, my objections to matters contained in my opponent's pleadings and discovery requests;

In civil matters, I will stipulate to facts as to which there is no genuine dispute;

I will endeavor to be punctual in attending court hearings, conferences, meetings and depositions;

I will at all times be candid with the court and its personnel;

I will remember that, in addition to commitment to my client's cause, my responsibilities as a lawyer include a devotion to the public good;

I will endeavor to keep myself current in the areas in which I practice and when necessary, will associate with, or refer my client to, counsel knowledgeable in another field of practice;

I will be mindful of the fact that, as a member of a self-regulating profession, it is incumbent on me to report violations by fellow lawyers as required by the Rules of Professional Conduct;

I will be mindful of the need to protect the image of the legal profession in the eyes of the public and will be so guided when considering methods and content of advertising;

I will be mindful that the law is a learned profession and that among its desirable goals are devotion to public service, improvement of administration of justice, and the contribution of uncompensated time and civic influence on behalf of those persons who cannot afford adequate legal assistance;

I will endeavor to ensure that all persons, regardless of race, age, gender, disability, national origin, religion, sexual orientation, color, or creed receive fair and equal treatment under the law, and will always conduct myself in such a way as to promote equality and justice for all.

It is understood that nothing in these Principles shall be deemed to supersede, supplement or in any way amend the Rules of Professional Conduct, alter existing standards of conduct against which lawyer conduct might be judged or become a basis for the imposition of civil liability of any kind.

--Adopted by the Connecticut Bar Association House of Delegates on June 6, 1994

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Legal Storytelling: How to Persuade with Story (EDU200121) 

Agenda 

9:00 – 9:30 a.m. Part One

1. The Psychology of Story

9:30 – 10:15 a.m. Part Two

1. The Basic Storyform 2. Six Word Stories 3. The Monomyth – The Hero’s Journey 4. Video Clips of the Storyform

10:15 – 10:30 a.m. Break

10:30 – 11:00 a.m. Part Three

1. The Legal Storytelling Model 2. The Plaintiff’s Story 3. The Defendant’s Story

11:00 – 11:45 a.m. Part Four

1. Story X-Factors 2. Theme 3. Tropes 4. Story Tactics

11:45 – 12:00 p.m. Break

12:00 – 12:30 p.m. Part Five

1. Presentation of Closing Arguments

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CHRISTOPHER P. KRIESEN BIO

Attorney Christopher P. Kriesen is the founder and principal of the Kalon Law Firm, LLC. He formed the firm in 2017 to fulfill his vision of a better way to practice law, serve clients, and promote social good through entrepreneurship. He leads the firm and serves as the ethics officer.

He has attended The Yale Writers Workshop, is an adherent of the Story Model of advocacy, and is writing a book on the theory, “Legal Storytelling.“ He has been invited several times to be a storyteller at Speak Up events, including a performance to an audience of 500 people at Infinity Hall.

He has taught advocacy to students at the University of Connecticut School of Law. He is an active presenter at legal seminars for other lawyers and a mentor to law students and young lawyers.

Attorney Kriesen has tried cases in State and Federal Court, has argued appeals before Connecticut’s Appellate and Supreme Courts, and has helped prepare amicus briefs on cases raising issues of first impression before the Supreme Court.

He is a trained mediator (Harvard Law School, Advanced Mediation Workshop, Program on Negotiation and the Quinnipiac School of Law Center on Dispute Resolution). He serves as an Attorney Trial Referee, Fact Finder, and Arbitrator in the Hartford Superior Court And a Special Master at the District Court, Connecticut..

Attorney Kriesen completed the Harvard Business School | HBX course “Disruptive Strategy” with Clayton Christensen, using the HBS case method to learn how to apply disruption theory to find and execute business and social opportunities. He expanded upon his studies by completing a one-year, eight class program on innovation at the Stanford Graduate School of Business. Kalon’s model is based upon what he learned in these programs.

He completed a six class program in Strategic Decision Making and Risk Management offered by Stanford University’s Center for Professional Development.

He established the Kalon Fellowship, the Kalon Human Rights Clinic, Salons, Workshops, the Cicero Advocacy Project, and The Kalon ADR Center (which, as of September 1, 2018, donates 10% of its revenue to a fund for graduates of the Hartford Youth Scholars to help with their continuing education) making Kalon unique among

The Kalon Law Firm, LLC │ 140 Huyshope Avenue, Suite 405 │ Hartford, Connecticut 06106 │ 860.249-0979 

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peer firms in promoting social good.

Attorney Kriesen is active in his community. He volunteers at Literacy Volunteers of Greater Hartford (where he has taught basic literacy and English as a second language) and Hartford Youth Scholars (where he has advised on interviewing and career advancement).

He lives in West Hartford with his wife and his daughter attends Brandeis University.

The Kalon Law Firm, LLC │ 140 Huyshope Avenue, Suite 405 │ Hartford, Connecticut 06106 │ 860.249-0979 

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