The Tully Message Box as a Heuristic for Modeling Legal Argumentation and Detecting Covert Advocacy

Kimbell, J., & Berry, A. (2018). The Tully Message Box as a Heuristic for Modeling Legal Argumentation and Detecting Covert Advocacy. Southern Law Journal, 28 (2), 311-336.

26 Pages Posted: 27 Jun 2019

See all articles by Joanna Kimbell

Joanna Kimbell

West Texas A&M University - College of Business

Alison Berry

affiliation not provided to SSRN

Date Written: March 12, 2017

Abstract

The formalization of covert advocacy techniques highlights the struggle attorneys experience balancing service to clients and service to the justice system. Advocacy is a standard and expected courtroom practice, and covert advocacy, directed at persuading the jury to such a degree that jury independence may effectively be lost, is not a recent invention. Formalization of covert advocacy tactics and support for such in the literature is more recent and raises the issue of when covert advocacy may distort traditional persuasion into manipulation. The Tully Message Box (TMB) provides a framework for modeling legal argumentation and discusses the use of covert advocacy. By utilizing the TMB, attorneys may be better positioned to identify the advocacy path in a case and reveal which issues are ripe for opposing counsel’s use of covert advocacy. Outside the courtroom, the TMB can be used for analyzing cases in classrooms to engender discussions about covert advocacy techniques in cases which present ethical dilemmas. The prosecution’s view of United States v. Harold Austin is analyzed using the TMB to demonstrate how this framework can be used to discuss the ethics of covert advocacy and to indicate how it may be used in the future to augment trial preparation.

Suggested Citation

Kimbell, Joanna and Berry, Alison, The Tully Message Box as a Heuristic for Modeling Legal Argumentation and Detecting Covert Advocacy (March 12, 2017). Kimbell, J., & Berry, A. (2018). The Tully Message Box as a Heuristic for Modeling Legal Argumentation and Detecting Covert Advocacy. Southern Law Journal, 28 (2), 311-336. , Available at SSRN: https://ssrn.com/abstract=3351390

Joanna Kimbell (Contact Author)

West Texas A&M University - College of Business ( email )

WTAMU Box 60809
Canyon, 79016-0001
United States

Alison Berry

affiliation not provided to SSRN

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