Unconventional Lawyering Leading to Conventional Credibility

The ending to this story varies greatly from one version to the next. Some claim the jury still returned a guilty verdict, and others claim the ploy worked and the defendant was acquitted. Most believe the story is simply a fable crafted in the scripts of Perry Mason and the like. But fact or fiction, the story illustrates an important point. Thinking outside the box, and practicing unconventional lawyering skills, can often lead to credibility with a jury that run-of-the-mill lawyering could never achieve.

Although the above example is likely fiction, there are many real-life examples of out-of-the-box methods that attorneys can adapt and employ at trial, and indeed throughout the development of their case. The following are some examples of unconventional lawyering that work very well. Many of the examples were shared at a Sept. 16, 2014, panel discussion at Fordham Law School, organized by Professor James Kainen of the law school, and Justice Douglas McKeon, of Supreme Court, Bronx County. Justice McKeon is Statewide Coordinating Judge for the New York State Medical Malpractice Program, which has been cited by the Obama administration as a way to contain medical costs and liabilities. See “Bronx judge to head statewide court program that could cut healthcare costs,” New York Daily News, June 17, 2014.