This was done with a good deal of humor and general levity, but was not lost on the jury. Never present your case with thoughtful consideration of facts peculiar to your case. Do not be creative. Strictly adhere to a format used by a mentor or a model presented at a seminar. Any great trial lawyer who tells you that they have not stolen part of their presentation from someone else is probably lying.
Theft is encouraged.
There is nothing wrong with borrowing ideas and recreating arguments successfully utilized by others in the past. However, too many trial lawyers are afraid to trust their instincts and do not adjust to the ever changing circumstances of a trial. There is nothing more frustrating to a veteran trial judge than to see a trial lawyer miss a golden opportunity to adjust and adapt their strategy by changing the game plan when an opportunity presents itself. Keep in mind that the court is willing to help when disaster strikes. During cross-examination slavishly use notes and stacks of paper.