Reading ComprehensionDifficulty: Hard

PT142 S3 P2 Q11 Explanation

Stealing Thunder

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Passage

“Stealing thunder” is a courtroom strategy that consists in a lawyer’s revealing negative information about a client before that information is revealed or elicited by an opposing lawyer. While there is no point in revealing a weakness that is unknown to one’s opponents or that would not be exploited by them, many it should be volunteered; otherwise, the hostile revelation would be more damaging.

Although no empirical research has directly tested the effectiveness of stealing thunder in actual trials, studies involving simulated trial situations have suggested that the technique is, in fact, effective, at least within a reasonably broad range of applications. Lawyers’ commonly held belief in the value of stealing thunder is not only corroborated consequence, it should carry less weight than if it had been included only in hostile testimony.

Finally, stealing thunder may work because the lawyer can frame the evidence in his or her own terms and downplay its significance, just as politicians sometimes seek to put their “spin” on potentially damaging information. However, it may therefore be effective only when the negative information can be framed positively. Jurors, who impression that forms a cognitive framework for jurors, who then filter subsequent information through this schema.

What this question is testing

Locate Detail

Topic

The author is explaining a courtroom trick called "stealing thunder" — where you tell the jury about your client's weakness before the other side does — and why it works.

Framework

Highlight Noteworthy.

Main Point

The simpler version: when there's bad info about your client that's going to come out anyway, get it out yourself first. Studies of mock trials show this strategy works, and psychology gives several reasons. You look more credible. The jury becomes alert and starts pushing back against the other side's pitch. The damaging info becomes "old news." And you get to put your spin on it. The catch: if the info is really bad, getting it out first can backfire — it sets the wrong frame for everything that follows.

P1: The strategy

If your client has a weakness the other side will probably exploit, volunteer it first. That softens the blow.

P2: Why it works

Real trials haven't been studied, but mock trials confirm the strategy. Psychology adds reasons: (1) you look credible because you're hurting your own case; (2) warned juries push back harder against the other side; (3) the same evidence from both sides becomes "old news" and loses force.

P3: One more reason — and the catch

You also get to spin the bad info on your own terms. Jurors solidify their position quickly, so your early framing sticks. But there's a limit: if the info is really damaging, going first creates an early negative impression that becomes the lens for everything else. So the strategy can backfire.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
11.

Which one of the following does the author mention as a factor that in some instances probably contributes to the

Answer choices

  1. Out of Scope16% picked this

    careful timing of the thunder-stealing message to precede the opposition's similar message by only

    Out of Scope: only a short time The author never discusses specifics of timing. We know that stealing thunder, by definition, means that we volunteer unflattering info about our client before opposing counsel does, but it never says it should be just before opposing counsel does. In fact the final paragraph is saying that an early positive framing can guide a juror's subsequent analysis of that damaging info later on.

  2. Out of Scope: superior lawyerly skill10% picked this

    some lawyers' superior skill in assessing jurors' probable reactions to

    The author never discusses some lawyers having particularly good skill in assessing jurors' probable reactions.

  3. Out of Scope: testify about mistakes5% picked this

    the willingness of some lawyers' clients to testify in person about their

    The author never discusses clients testifying about their own past mistakes.

  4. Correct69% picked this

    jurors' desire to arrive at a firm view regarding the case

    Why this is right

    Wow, this is tricky. There were at least four more obvious details we pulled out of the text in our anticipation, and this is testing something a little more subtle. In the last paragraph, the 3rd sentence says: Jurors are usually eager to solidify their position regarding the case. They can therefore be expected to use the early positive framing to guide their subsequent analysis of the trial information. The previous sentence does stress the idea that stealing thunder "may therefore be effective only when the negative information can be framed positively". The language of "effective" matches up with the clue word "success" in the question stem. However, the factor identified in that sentence is that "In some instances, the fact that the info can be framed positively contributes to the success of stealing thunder". This answer still involves moving on to the next detail and treating it as another factor that contributes to success. The sentence that is saying, "They [jurors] can therefore be expected to use the early positive framing" is how we would connect their eagerness to solidify their position with the effectiveness of stealing thunder.

    Skill tested: Locate Detail · how this choice captures the passage's function is the move to repeat next time.

  5. Out of Scope: pre-trial juror screening1% picked this

    lawyers' careful screening of prospective jurors prior to the beginning of

    The author never discusses lawyers' trying to carefully screen potential jurors and pick the ones that would be most conducive to a stealing thunder move.

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