The Power of a Theme: Making Your Case Memorable

Ask a juror what they remember months after trial, and chances are they’ll recite the theme—not the jury charge.

At the core of every persuasive brief, oral argument, or trial lies a theme—the beating heart of your case that distills law and fact into something memorable, human, and true.

A theme isn’t a slogan. It’s the throughline that organizes your evidence, guides your strategy, and helps the decision-maker—whether judge, jury, or appellate panel—understand why your client should win. Developing a great theme isn’t easy, but it’s what separates a case that resonates from one that is met with indifference.

Below are several practical strategies for crafting an effective theme.

1.    Start With the Human Element

Themes grow out of stories, and stories grow out of people.

Who is your client? Who is on the other side? What really happened to them?

If you can explain your case—and why you should win—in one clear sentence, you’re on your way.

Examples:

• “This case is about a company that broke its promise.”
• “This case is about whether rules apply equally to powerful institutions.”

Themes with a human touch hook the jury and explain in plain language why you should win.

2.    Reduce It to a Single Sentence

A theme should be simple. If it takes three sentences to explain, you’ll lose your audience. The fewer words, the better.

Examples:

• “Promises matter.”
• “Accountability prevents harm.”
• “One careless act can cause a lifetime of damage.”

Notice the pattern: moral force, broad reach, easy to remember. Your theme should be strong enough to frame the case yet flexible enough to encompass every fact and witness.

3.    Incorporate the Theme Into Every Stage

The theme is the anchor for your case. At every stage, ask: Does this advance the theme?

• In briefing: Use headings and word choice that echo it. If the theme is “Promises matter,” every section should show how a promise was made, broken, and why it matters.
• In oral argument: Lead with it. Return to it when answering questions. Judges respect consistency.
• At trial: Introduce it in opening. Build examinations around it. Crystallize it in closing.

The strongest advocacy weaves the theme throughout, not just at the beginning and end.

4.    Test It Outside the Courtroom

The best themes pass the “neighbor test.” Share it with non-lawyers—friends, family, colleagues.

If they get it instantly, you’re ready. If they hesitate or ask you to explain, keep refining.

Remember: juries are made up of laypeople, and even appellate judges appreciate clarity. Your theme should resonate in plain English as much as in legal argument.

5.    Flip Your Adversary’s Theme 

Opposing counsel’s framing reveals what they think is persuasive. Sometimes the best strategy is contrast.

• If their theme is, “This was an unavoidable accident,” yours could be, “Every accident has a cause.”
• If theirs is, “No harm, no foul,” yours might be, “Rights matter even when damages aren’t obvious.”

Themes gain strength when set against each other.

6.    Borrow From Universal Values

The most powerful themes tap into values nearly everyone shares: fairness, honesty, responsibility, safety, dignity.

Juries may disagree about politics or policy, but almost everyone believes promises should be kept, rules should apply equally, and carelessness causes harm. Anchoring your theme in one of these bedrock values maximizes persuasiveness.

7.    Don’t Overlawyer It

A common mistake is trying to smuggle doctrine into your theme.

A theme is not “burden-shifting frameworks” or “mutual assent under contract law.” Those are legal concepts—not themes.

A theme appeals to common sense, not the common law. Doctrine should support your theme, not replace it. Capture the heart first; then win the head.

8.    Refine Through Repetition

Themes evolve. The first version may be imperfect. Don’t abandon it—refine it.

Say it aloud. Write it at the top of your outline. Work it into your examinations. Repetition will tell you if it works.

Often, the theme you end with isn’t the one you started with—but it’s usually a sharper, truer version of it.

9.    Examples of Strong Themes

Across practice areas, the best themes are concise, values-driven, and human-centered.

• Employment discrimination: “All workers deserve a fair shot.”
• Contract dispute: “Promises matter more than profits.”
• Criminal defense: “The government must prove it, not just say it.”
• Products liability: “Safety should never be optional.”
• Appeal on procedural fairness: “Everyone deserves a fair hearing before judgment.”

If your theme doesn’t sound like something a juror could repeat to a friend, keep refining.

10.    A Theme Is a Commitment

A theme tells the court or jury: This is what this case is really about. Once you make that promise, you must deliver.

The strongest themes aren’t just memorable—they’re credible. When your evidence, witnesses, and arguments align with the theme, the case feels not only persuasive, but inevitable.

Do’s and Don’ts for Case Themes

Do:

• Keep it to one sentence.
• Root it in a universal value (fairness, honesty, accountability).
• Make sure every witness and document ties back to it.
• Test it on non-lawyers before you walk into court.
• Repeat it—subtly but consistently—throughout every stage.

Don’t:

• Use legal jargon.
• Hide it until closing.
• Pick something so narrow it only fits one fact.
• Confuse your theme with your argument headings.
• Assume your first draft is final—refine until it rings true.

Ultimately, juries remember stories, not statutes. Judges remember clarity, not clutter. What they will always remember, though, is a theme that resonates.