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1. Breaking Down the Fourth Wall
V. Breaking Down the Fourth Wall
– “The fourth wall” is an expression evolving from
the world of theater. In most modern theater
design, a room will consist of three physical walls,
as well as an imaginary fourth that serves to
separate the world of the characters from that of
the audience.
– Speaking directly to, otherwise acknowledging or
doing something to the audience through this
imaginary wall is known as “breaking the fourth
wall.”

2. Breaking Down the Fourth Wall
– What can “breaking the fourth wall” teach us about
connecting with the jury?
– As I was sitting in acting class one afternoon, a
thought occurred to me. What if we were to view the
jury as participants in the trial as opposed to mere
spectators sitting high up in the raptors looking on at a
distance?
– In other words, what if we were to draw the jury into
sharing the re-constructed reality of past events, so
that they could “see” what happened, even though
they were not actually present to witness the original
event?

3. Breaking Down the Fourth Wall
– The inspiration for this unconventional way of
looking at the jury comes from the world of
acting.
– Let me explain.

4. Breaking Down the Fourth Wall
– As actors, we must be creative all the time. After
all, our job is to make art. Our art is a living thing
and it is bound up with truth and reality and
humanity, and the theater.
– The theater is full of hope, full of artistic illusions,
full of imagination, and people.
– We can encourage the audience to use their
imaginations and they can become a creative
presence there along with us.

5. Breaking Down the Fourth Wall
– But it is far better when everyone is active and
alive in the imaginary world.
– Why? Because the exchange between the actors
and the audience is shared; not just a one-sided
assault from the stage.

6. Breaking Down the Fourth Wall
– By making the jury part of this re-constructed
reality, the trial will come alive to them in ways
that you may never have never dreamed possible.
– For starters, they will become more engaged and
filter the events through that reality. If successful,
the jury will feel like they have “seen” the events
in question at the trial, even though those events
were re-constructed through testimony, not
actually present in the courtroom.

7. Breaking Down the Fourth Wall
– How can we draw the jury into a reconstructed
reality of past events?
– By allowing them to make “discoveries.” Discoveries
are far more powerful than any amount of coaxing
or cajoling.
– Why? A persuasive argument may make the jurors
say “okay” or “you win,” but a discovery makes
them say, “Of course,” or better yet, “I knew it.”

8. Breaking Down the Fourth Wall
–Example: Picture a trial about a traffic
accident at an intersection. The plaintiff
testifies that the defendant ran a red light
and hit him in the crosswalk. The cross-
examining defense attorney can adopt
one of two tactics. First, she can try and
get the plaintiff to admit that the light
was green and that he should have
waited until the light turned red before
crossing intersection.

9. Breaking Down the Fourth Wall
– This tactic will quickly turn argumentative with
the defense attorney insisting, “The light was
green, correct?” and the plaintiff flatly denying it
with a chorus of, “No. It was red.”
– On the other hand, if the cross-examining
defense attorney points out that the plaintiff
previously brought four similar lawsuits, she is
essentially applying the principle of discovery.

10. Breaking Down the Fourth Wall
– In that case, the discovery is as clear as day: “Yes,
of course you claim that the light was red, and
that is to be expected, because you always say
that when you want money.”

11. Breaking Down the Fourth Wall
– Applying the principle of discovery packs a one-two punch: it
allows the jury to resolve the inconsistent statement while
remaining true to the story, effectively turning the plaintiff
into an unwitting ally.

12. Breaking Down the Fourth Wall
• Warning: Allowing the jury to enter the re-
constructed reality and to make discoveries may be
unsettling at first. And for good reason – lawyers like
to be in control.
• The idea of handing over the reigns to a jury during
the course of trial is like riding the tallest and fastest
roller coaster in the world – backwards!