Clarity Over Complexity at Trial
Litigation attorney Dan Small published an article in Massachusetts Lawyers Weekly emphasizing the importance of presenting a clear, uncomplicated case that jurors will understand and respond to. Mr. Small describes what he terms the "task force phenomenon," in which attorneys only add evidence and layers of detail instead of taking a careful look at their presentation and cutting unnecessary elements. He acknowledges that no one wants to be the person to axe a critical piece of evidence that could cost the team victory at trial while also clarifying that simplification means cutting to the heart of an argument, not cutting the heart out of it. Continuing a discussion on the government prosecution of former U.S. Office of Management and Budget Director Bert Lance, he illustrates the "task force phenomenon" in action, showing how a lengthy, 12-count indictment brought in Lance's hometown ultimately sunk the case when a single count of bank fraud brought in Chicago would likely have succeeded.