Primacy, Recency, Ethos, and Pathos: Integrating Principles of Communication into the Direct Examination

96 Pages Posted: 28 Jan 2013

See all articles by Harry M. Caldwell

Harry M. Caldwell

Pepperdine University - Rick J. Caruso School of Law

L. Timothy Perrin

Independent

Richard Gabriel

Independent

Sharon Gross

University of Southern California

Date Written: 2001

Abstract

Advice about how to try lawsuits is easy to come by and much in demand. Perhaps that is true because effective advocacy at trial is an art, not a science; it defies precise measurement or scientific analysis, thus opening the door to a large amount of subjectivity in advocacy training and legal literature. The notion that advocacy is an art form leads to an exaggerated focus on the "artists" -- the advocates at trial -- and the techniques they use before the jury. The stories the artists tell of their triumphs become "war stories," and they are passed down from one generation of lawyers to another until they become accepted as the "right" way to try a case.

Keywords: trial advocacy, examination, empirical data, direct examination

Suggested Citation

Caldwell, Harry M. and Perrin, L. Timothy and Gabriel, Richard and Gross, Sharon, Primacy, Recency, Ethos, and Pathos: Integrating Principles of Communication into the Direct Examination (2001). Notre Dame Law Review, Vol. 76, No. 423, 2001, Available at SSRN: https://ssrn.com/abstract=2207681

Harry M. Caldwell (Contact Author)

Pepperdine University - Rick J. Caruso School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

L. Timothy Perrin

Independent

Richard Gabriel

Independent ( email )

Sharon Gross

University of Southern California ( email )

2250 Alcazar Street
Los Angeles, CA 90089
United States

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