Reading ComprehensionDifficulty: Hard

PT142 S3 P2 Q9 Explanation

Stealing Thunder

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

TopicsMain PointLaw

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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

Main Point

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
9.

Which one of the following most accurately expresses the main point of

Answer choices

  1. Contradicted: actual trials22% picked this

    Although there are limits to the usefulness of stealing thunder, its effectiveness in actual trials has been demonstrated through research conducted

    The first sentence of the 2nd paragraph says, "no empirical research has directly tested the effectiveness of stealing thunder in actual trials", which contradicts the main clause of this answer.

  2. Wrong Emphasis / Too Narrow2% picked this

    The commonly practiced courtroom strategy of stealing thunder can have unintended consequences if the lawyers using it do

    The thrust of our main clause should be "stealing thunder is broadly effective and is supported by several psychological explanations of why it should work". This answer is zooming in on a caveat, a qualification, a disclaimer. The author didn't write this passage to primarily leave us with the warning that stealing thunder can have unintended consequences, and even when the author did mention cases where stealing thunder might backfire, it was about whether the information is very damaging, not about whether the lawyers accurately predict jurors' attitudes.

  3. Correct47% picked this

    Lawyers' commonly held belief in the value of stealing thunder is supported by several psychological explanations of how

    Why this is right

    This matches up well with the 2nd sentence of the 2nd paragraph, which frames the discussion for the rest of the passage. The first paragraph basically just introduces the concept of stealing thunder, so we can forgive this answer for leaving out that paragraph. And the last couple sentences warn about fringe cases in which stealing thunder probably wouldn't work, but since the author's main thrust is that it does / should work, we wouldn't be concerned about not seeing caveats about when it wouldn't work. After this framing sentence appears in the 2nd sentence of the 2nd paragraph, it is supported by multiple ideas and the author gives us rhetorical reminders that she is still fleshing out this claim: - For one thing .... - Psychological research suggests ... - Stealing thunder may also provide X and thus Y .. - In psychological experiments, ... - Also, ... - A persuasive message will thus ... - In the courtroom, ... - Thus, ... - Finally, stealing thunder may work because ... The passage doesn't switch its purpose/focus until the pivot of However in the last paragraph, where the author then discusses the limitations of the technique, as a minor qualification to the main point. But we can see that the bulk of the sentences in the passage are supporting the idea that there are psychological explanations of why the technique should work.

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

  4. Wrong Emphasis / Too Narrow3% picked this

    The risks involved in stealing thunder can outweigh the probable benefits when the information to be revealed is too readily available or

    This is a better version of (B), because it more correctly states the instances in which stealing thunder would not be likely to work (the information is too negative to be framed positively). But the same overall problem remains: the thrust of our main clause should be "stealing thunder is broadly effective and is supported by several psychological explanations of why it should work". This answer is zooming in on a caveat, a qualification, a disclaimer. The author didn't write this passage to primarily leave us with the warning that stealing thunder can have unintended consequences. She wrote it to tell us about this technique that lawyers believe in, that seems to be effective in simulated trial situations, and that seems to be supported by several psychological explanations.

  5. Too Strong: designed / vindicated27% picked this

    Research designed to confirm the usefulness of stealing thunder has vindicated lawyers' belief in the value of the technique and has identified the

    We don't have any evidence of research that was designed to confirm the usefulness of stealing thunder. The first sentence of the 2nd paragraph is saying that no empirical research has directly tested the effectiveness of stealing thunder. Some studies involving simulated trial situations have suggested that the technique is effective, at least within a reasonably broad range of applications. Using the first sentence of the 2nd paragraph to support the idea that "specifically designed research has vindicated lawyers' belief in the value" is too much of a stretch. That sentence is only saying that "some research has indirectly supported lawyers' belief". Finally, this answer choice says that this specially-designed research has identified the general limitations of the strategy's effectiveness. The limitations are discussed in the final paragraph, but there's nothing in the passage connecting the discussion in the final paragraph back to any research designed to confirm stealing thunder's usefulness.

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