Reading ComprehensionDifficulty: Hard

PT142 S3 P2 Q16 Explanation

Stealing Thunder

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

TopicsInferenceLaw

Keep going in LSAT Lab

  • Save & drill this skill build targeted practice sets from questions like this one

  • Video walkthroughs watch every question solved step by step

  • 81 official LSATs as questions, timed sections & full-length tests

Full official LSAT questions are available through LawHub. This page provides LSAT Lab's explanation, strategy, and review tools without republishing the full official question.

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

Inference

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
16.

The passage most strongly implies that many lawyers believe which one of the following concerning decisions about whether

Answer choices

  1. Wrong POV: Author's View45% picked this

    A lawyer should be concerned with how readily the negative information can be positively framed, especially if the

    This answer choice relates to the final sentence of the passage, which is in the author's voice. This question stem is asking for a belief attributed to many lawyers.

  2. Unrelated to Goal2% picked this

    A lawyer should take into account, among other things, whether or not the jurors are already familiar with some of the relevant facts of

    We're looking for something like "whether or not opposing counsel is likely to bring up this damaging fact about our side during their testimony". This is talking about whether or not something is true about jurors.

  3. Bad Match7% picked this

    The decision should be based on careful deliberations that anticipate both positive and negative reactions of

    We're looking for something like "whether or not opposing counsel is likely to bring up this damaging fact about our side during their testimony". This answer at least brings up opposing lawyers, but it's talking about whether or not they will react positively or negatively to our stealing thunder move. The end of the first paragraph is just talking about whether opposing lawyers will reveal this fact (if we don't do it first), not about how they might react if we do reveal it first.

  4. Correct45% picked this

    The decision should depend on how probable it is that the opposition will try to derive an advantage from mentioning

    Why this is right

    We're looking for something like "whether or not opposing counsel is likely to bring up this damaging fact about our side during their testimony". This answer is the closest match we get for that idea.

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

  5. Unrelated to Goal1% picked this

    The decision should be based at least partly on a lawyer's knowledge of relevant psychological research

    We're looking for something like "whether or not opposing counsel is likely to bring up this damaging fact about our side during their testimony". This is talking about whether or not something is true about a lawyer's knowledge (the one who is potentially stealing thunder, not opposing counsel).

Continue the review in LSAT Lab

Save this question, watch the video walkthrough, and drill similar questions in your LSAT Lab account.

LSAT Lab

Turn this review into a targeted study plan.

Save this question, drill more like it, watch the video walkthrough, and track your progress in your LSAT Lab account.

Start practicing free