By Tom Oakes of PhillyLegalNews.com
In honor of George J. Lavin, Jr., Esquire (1929–2014)
George J. Lavin, Jr, Esquire, was someone I met in the early 1980’s, when I was employed as an official court reporter for the United States District Court for the Eastern District of Pennsylvania. We remained friends for the next 30 + years.
In every courtroom, there’s more happening than what’s said. The best trial lawyers know that credibility isn’t just spoken—it’s earned silently. For George J. Lavin, Jr., Esquire, that truth defined a career. For those who knew and practiced with him, it became known as The Lavin Method.
In 2015, a group of his closest colleagues—Chilton Davis Varner (his co-author), Joseph E. O’Neil (his longtime partner), and trial lawyers Kyle H. Dreyer and Mary A. Wells—gathered at the International Association of Defense Counsel (IADC) to share practical lessons on Lavin’s most enduring legacy: Silent Advocacy. I would be remiss if I did not also mention Edward A. Gray, Esquire and William J. Ricci, who were Lavin’s law partners from the beginning of the Lavin firm. The firm names changed from Lavin, Coleman, Finarelli & Gray to Lavin, O’Neil, Ricci, Finarelli & Gray. Tom Finarelli, Esquire
This blog is both a tribute and a toolkit—a look at how Lavin’s Silent Advocacy mastery still shapes how lawyers win trust, command respect, and move juries without raising their voices. Please understand that this is only an overview of the techniques and tactics.
🔹 The Lavin Method: More Than a Style—A Standard
“The Lavin system is the precise opposite of the much more prevalent shoot-from-the-hip style of trial lawyering.”
— Litvin & McHugh, §24.9
The Lavin method demands total mastery of the case. It is not for the unprepared or the arrogant. It’s a method for those who work relentlessly, who know every fact, who respect the court, and who trust jurors to do the right thing—if the attorney shows them how.
This isn’t just about legal strategy. It’s about dignity, discipline, and trustworthiness—qualities jurors notice from the moment you enter the room.
🔹 The Four Pillars of Silent Advocacy
Lavin and co-author Chilton Davis Varner identified four nonverbal principles that define how trial lawyers earn credibility:
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- Appearance
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- Demeanor
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- Preparation
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- Helpfulness
From the courtroom to the hallway, and even the hotel lobby—jurors watch everything. These attributes silently influence how you’re perceived before you’ve spoken a single word.
🔹 Eight Core Trial Issues — And Why the Attorney Is Always on Trial
In Lavin’s analysis, every civil case boils down to eight key factors:
A. The Basic Facts
B. The Forum
C. The Experts
D. The Exhibits
E. The Injuries (in PI cases)
F. The Attorneys
G. Likely Discovery
H. “Get Mad” Facts
Only one factor appears in every trial: F. The Attorneys.
“The whole tenor of the trial changes once the jury has made this decision.”
— Lavin & Varner
That decision? Which lawyer they trust more.
This silent contest is what Lavin and Varner called The Battle of the Attorneys.
🔹 The Battle of the Attorneys: A Jury’s Silent Judgment
Jurors judge the lawyers long before they judge the law. They ask themselves—silently:
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- Do we trust this attorney?
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- Do we like this attorney?
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- Is this attorney prepared?
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- Are they helping us understand the case?
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- Do they care about fairness?
If the answer is yes, you’ve won the most important battle before your first objection.
🔹 IADC Reflections: Lessons from Lavin’s Friends
At the IADC panel, those who knew Lavin best distilled his approach into simple, powerful lessons:
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- ✅ Empower the Jury – Never condescend. Treat jurors like the intelligent citizens they are.
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- ✅ Never Depose the Opposing Expert – A Lavin classic. Control surprises by controlling your own strategy.
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- ✅ Be Good to the People in the Courthouse – Respect and kindness build reputations, not just verdicts.
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- ✅ Silent Advocacy Is the Daily Work – Every look, every pause, every prepared outline contributes.
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- ✅ Control Through Composure – A calm lawyer commands more attention than a combative one.
A Personal Note on “Never Depose the Opposing Expert”
A small note on “Never Depose the Opposing Expert.” I had been in depositions with Mr. Lavin, where I was the court reporter and Mr. Lavin was deposing the expert offered by his opponent. This was at a time when 3D computer modeling was first being used on portable computers. MADYMO (MAthematical DYnamic MOdels) is a software package for the analysis of occupant safety systems in the automotive and transport industries.
The conference room was full with attorneys. The opposition had four attorneys, two paralegals, additional experts from the opposing party and someone running the MADYMO software program.
The Expert’s Deposition Commences:
Once Mr. Lavin started the deposition, he went through the standard opening, went through the expert’s CV and asked a general question about his opinions. We were no longer than a half hour into the deposition, when he excused himself from the deposition. He told all counsel at the table that his associate would take over from that point. This deposition started at 10 am., and by 10:30 am, Lavin was done, but his associate continued to ask questions for an additional few hours. When the deposition was finished, I stopped in to see Mr. Lavin in his office. I asked him, “Mr. Lavin, why did you stop asking their expert questions?” Mr. Lavin looked up and said to me, “Tom, I am teaching their expert. Remember, all of the people at the table are smart. By the time we get to trial, had I continued with my questions and delved further, I would have provided their expert with enough information that he would have changed his opinions by the time we would have gotten to trial.”
In further discussion, he told me that he would have lost the element of surprise. He was able at trial to cross-examine the expert on the stand and dismantle him. Lavin’s representation of his client resulted in a D Verdict.
🔹 Silent Advocacy in Practice: Direct and Cross
🔸 Direct Examination
“The focus is on the witness.”
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- Vouch for every witness you call.
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- Let your witnesses teach, not perform.
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- Control pace, tone, and structure—but never overshadow the facts.
🔸 Cross-Examination
“The focus is on the lawyer.”
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- Be surgical, not theatrical.
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- Use silence, structure, and tone to box in evasive witnesses.
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- “Lasso” experts with questions like:
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- “That’s a long way of saying yes, isn’t it?”
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- “Would you like me to write YES and NO on the board?”
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- “Lasso” experts with questions like:
Permission. Precision. Preparation.
🔹 Cicero’s Timeless Model
As Lavin and Varner wrote, courtroom excellence aligns with the ancient framework of Cicero, who said the goal of every great orator is to:
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- Teach
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- Delight
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- Move
Silent Advocacy does all three—by being calm, credible, and compelling.
🔹 Final Advice: The Small Stuff Is the Big Stuff
“Be attentive to the small stuff.”
Jurors notice the placement of exhibits, the confidence in your walk, and the tone in which you thank a witness. They notice if you’re fair, if you’re kind, if you’re organized. And they remember.
🔹 In Closing: Do Not Disappoint Them
If you’ve looked the part, behaved with respect, and presented your case with clarity—don’t blow it in closing. Stay consistent. Stay focused.
“If you have taught them, charmed them, and moved them throughout trial…
Do not disappoint them.”
George J. Lavin, Jr. never did. And now, his legacy lives in every lawyer who understands the power of presence.
✍️ Share Your Lavin Lessons
Have you practiced Silent Advocacy in a Philadelphia courtroom? Have you seen it work in ways the transcript could never capture?
We’d love to hear your story.
📩 Reach out to the editors at PhillyLegalNews.com or tag your experience with #SilentAdvocacy and #LavinMethod.
🛡️ Disclaimer
The content of this blog post is intended for informational and educational purposes only. It does not constitute legal advice, nor does it establish an attorney-client relationship between the reader and PhillyLegalNews.com or any contributor. While the post reflects on the professional legacy of George J. Lavin, Jr., Esquire, and includes commentary on courtroom strategies, readers should consult with a qualified attorney for guidance on specific legal matters. The views expressed are those of the author and do not necessarily reflect the official position of any affiliated law firm, organization, or institution.
