Reading ComprehensionDifficulty: Medium

PT142 S3 P2 Q13 Explanation

Stealing Thunder

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsAuthor's AttitudeLaw

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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

Author's Attitude

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
13.

The author's attitude regarding stealing thunder can most accurately be

Answer choices

  1. Out of Scope: concerned2% picked this

    concerned that the technique may become so common that lawyers will fail to

    This definitely isn't the moderately positive starting point we want. We though the author was overall pretty positive about stealing thunder, so it's more of an opposite to say she is concerned about it becoming more common.

  2. Out of Scope: opening statements Contradicted9% picked this

    favorable toward its use by lawyers during the opening statements of a case but skeptical

    This answer is saying the author's positive attitude was constrained to using stealing thunder during opening statements. "Opening statements" is not even ever mentioned in the passage. Plus, we know the author thinks that stealing thunder is effective "within at least a reasonably broad range of applications", suggesting that its value goes beyond opening statements.

  3. Out of Scope: concerned8% picked this

    concerned that research results supporting it may omit crucial anecdotal evidence indicating pitfalls

    This definitely isn't the moderately positive starting point we want. We though the author was overall pretty positive about stealing thunder, so it's weird to center this answer on concerned. The author discusses limitations on the usefulness of stealing thunder in the final sentence, but not as some scary word of caution, just as an academic observation about cases in which the technique is less useulf.

  4. Correct77% picked this

    approving of its use on the grounds that its success is experimentally supported and can

    Why this is right

    This is one of only two answers that leads with a positive adjective (approving), so if we were making our first pass based on thinking, "The author seems to have an overall positive attitude toward stealing thunder", then we would quickly come down to (B) or (D). The phrase "on the grounds that" just means "supported by this evidence". If we say that "Kelly tried to convince me to go law school on the grounds that I could best contribute to climate change solutions through the legal field", then her conclusion was "go to law school" and her evidence was "you can help fight climate change through the legal field". So this answer is saying our author's conclusion about stealing thunder is "approving" and her evidence for approving is that "the success of stealing thunder is experimentally supported and can be psychologically explained". That matches up well with the Support Window we found in the first two sentences of the 2nd paragraph. Lawyers' commonly held belief in the value of stealing thunder is not only corroborated by those experimental findings; it is also supported by several psychological explanations of why the technique should work.

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

  5. Wrong Emphasis3% picked this

    skeptical of its suitability for use by lawyers without lengthy experience

    Wrong Emphasis: skeptical Out of Scope: lengthy experience This doesn't lead with a positive adjective, so it's not very enticing from the get-go. The author never stipulated a condition that stealing thunder would be unlikely to work unless the lawyer has "lengthy experience" in courtroom strategies. And even if she had, this would be focusing too narrowly on a small point, when the author's overall attitude toward stealing thunder seemed positive.

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