Goodreads Giveaway for The Articulate Attorney, Second Edition

Brian Johnson and I love language. We adore it! We love a beautiful turn of phrase, a thoughtful insight well-described, the law illuminated by the spoken word, the out-loud reasoning of a quick mind. We love it when speaking becomes an art. It makes us excited, eager to go to work each day and coach the next interesting lawyer with a unique presenting style.

We are excited to release the new edition of The Articulate Attorney on June 1. We wrote this book because speaking about the law—having it on the tip of your tongue—is not as easy as it sounds. Speaking clearly indicates a lawyer is thinking clearly, and speaking poorly indicates she or he is not. We are fascinated by the nexus of speaking and thinking, and amazed to watch how physical presence predicts fluent speech. How can lack of movement in hands and arms squash efficient word choice? Why does sustained eye contact with listeners make conversation easier?

We learn new things from our clients every week, if not every day. We gain insights into how language works at any given moment in history, or how the music of speech changes with the times. The more we observe lawyers speaking, the more we see nuances of how physical gesture connects ideas. Like passionate teachers everywhere, each year we streamline our teaching to get closer to the essence of instruction. How can we say something better, and get results faster? What objectives should we have for this person as opposed to that one?

When Brian Johnson first began coaching lawyers over 30 years ago, speaking was a denigrated “soft skill,” and there was a general belief that only defective lawyers couldn’t get the job done. Now, after decades of linguistic and attentional studies, sports psychology, gesture, brain, and human factors research, there is a vastly more complete picture of how humans think and speak. We know that it often requires deliberate nurturing to reveal a lawyer’s “natural” speaking abilities.

Speaking well is a teachable skill, but there’s nothing “soft” about it. This second edition of The Articulate Attorney: Public Speaking for Lawyers is more fully illustrated and has extensive revisions. We wanted to include the very best of what we’ve learned since the first edition appeared.

We’ve set up a Goodreads Giveaway for the new edition. You can enter to win one of ten free copies of the book by following the link below. And if you haven’t been to Goodreads, prepare to love this online community of people who love to read.

 

Goodreads Book Giveaway

The Articulate Attorney by Brian K. Johnson

The Articulate Attorney

by Brian K. Johnson

Giveaway ends May 30, 2013.

See the giveaway details
at Goodreads.

Enter to win

Eye Contact with Your Listeners

by Marsha Hunter

In an individual coaching, a young lawyer told me he’d been criticized for having poor eye contact with witnesses and judges. This affable Asian-American went on to describe his family’s cultural deference to superiors, how they show respect for elders by avoiding their direct gaze, and the careful attention they pay to always being polite. In his family, eye contact could be jarring and rude. Watching his trial skills video, we could see him begin a question, and make one second of eye contact before looking away. His head bobbed randomly and his eyes flicked back and forth as he tried to find something to focus on. He held his hands in the classic “fig leaf” resting position in front of his body. He looked and sounded uncomfortable.

Eye contact triggers our adrenaline fight-or-flight response, which is why it can be difficult for some to overcome a strong reluctance to “look the beast in the eye.” For others like my Asian-American friend, an ingrained cultural habit stands in the way.

When the topic of eye contact comes up in our classes, there are those who espouse a mediocre, half-baked solution: look above the heads of a listener or large audience, or look at people’s foreheads, not their eyes. There was a time when we allowed that in our classes and coachings, but not any more. It isn’t fair to listeners. And, there is scientific evidence verifying that the longer the eye contact, the better. Looking longer at your conversational partner can actually calm you down and increase your confidence.

While most of us call it “eye contact,” cognitive psychologists call it “visual attention.” Sports psychologists call it “aiming behavior and performance.” Fascinating research into an area called Quiet Eye training can help give you confidence while speaking.

Quiet Eye training teaches specific attentional control; that is, when to look, where to look, and how long to look. It integrates gaze control in a specific, repeatable pre-performance routine. Researchers use an eye-tracking device to analyze where a golfer is looking in the seconds leading up to a putt, or how long a soccer penalty taker fixes her gaze before kicking, or what a rock climber looks at during the very last second before moving his foot. Quiet Eye studies can achieve reliable results because the physical measurements are precise and the equipment is tracking objective measurements of eye movement.

So far, results of Quiet Eye training have been extremely promising. One study in Psychology of Sport and Exercise in 2012, soccer penalty takers were more accurate, more confident, and less likely to choke. When the athletes “quieted” their eyes and looked longer at the spot they wanted to hit when they kicked the ball, they made more penalty points. Even better, they were sure they could do it. By practicing longer gazes at something specific, their confidence increased. Because they had been more successful in practice, they performed better under pressure. Find the article is here.

Likewise, when we gaze longer at a specific thing—the left side of a golf ball on a tee, the tennis ball in its trajectory toward you, or the eyes of the Chief Justice—we stay focused on the task at hand, and we are more confident we can accomplish it. Conversely, we prevent the more typical “unquiet eye” of nerves and performance anxiety, in which our eyes flit back and forth quickly, blurring our focus on the proper goal.

What exactly should you focus on? The eyes of the person you are addressing. Take a second or two before you speak to make eye contact. It may feel unfamiliar and too sustained, but remember science is on your side. Take a comfortable, refreshing breath as your gaze meets your listener’s eyes. It might help to call them by name. Your pre-performance routine might look like this:

It is your turn to speak, and all eyes are on you.

1. Look at the person you will address, and make eye contact.

2. While holding that eye contact, take a deep, comfortable breath.

3. Begin speaking: “Ms. Masoner…..Mr. Chief Justice…..Juan, etc.”

4.  Begin gesturing as you choose your words.

5. Stay disciplined, and do not look down at your notes while you are talking.

Notes are a special trap for lawyers, who often have extensive notes in court or at meetings. Allowing your eyes to flit from page to people and back to a page of notes again keeps you unfocused. We could design a Quiet Eye study for lawyers who use notes, so great are the hazards. When you need to look at your notes, stop talking and look at them carefully. Then look up, make eye contact, and continue speaking.

Back to the Asian-American lawyer with eye contact issues. Once he saw himself on video, we spent about ten minutes working on maintaining that Quiet Eye attentional gaze. When I saw him two days later in bench trials, he was completely focused on the witnesses and judges, he was thinking clearly, and speaking well. Not everyone can cure habits so quickly. This attorney was exceptional in that regard, and he proves it is possible to make stylistic changes in short order.

Talk to yourself and say, “I’m going to make sustained eye contact with my listener(s) from the very first words out of my mouth.” Quiet your eyes and feel more confident.

We’ve written about eye contact before, with a different focus, here. 

Book Review: Willpower

by Marsha Hunter

At the NALP Professional Development conference last December, Professor William Henderson mentioned in passing a 2011 book called Willpower: Rediscovering the Greatest Human Strength. He gave it such a hearty recommendation that I jotted down the title, bought it, and devoured it on a long plane ride.

By Roy F. Baumeister and John Tierney, Willpower is the epitome of the well-written, research-based volume so popular these days. I love this type of book because it gives me great ideas  for my students. This one is chock full of baby-step action items that give us all hope we can gain control over our lives and lose weight while we’re doing it. It is good-natured and amusing as it tackles a weighty topic.

Here is one of the book’s biggest ideas: Making choices all day, even insignificant ones such as what to do with all the stuff in a drawer we’re cleaning, depletes our willpower in general. It takes discipline to decide things, and after we’ve done that for several hours, our brains are worn out. We use glucose while exercising the self-control of decision-making, and when our glucose levels are low, so is our ability to regulate our behavior. Been in a mediation session for several hours? Your glucose levels are low because your brain has used the available supply. You are in danger of reaching for the Girl Scout cookies at the same time that fatigue is leading you into poorer choices.

“Glucose depletion can turn the most charming companion into a monster…If you have a test, an important meeting, or a vital project, don’t take it on without glucose,” say Baumeister and Tierney. Just don’t eat refined sugar to prepare for your day and sustain your energy. Eat something nutritious. Have a healthy breakfast, and carry healthy snacks with you (an apple). Sugar is bad for you, and what’s bad for you is bad for your clients.

What does Willpower have to do with advocacy or public speaking? Willpower is crucial to learning new habits. Correcting bad habits helps develop willpower muscle. In a chapter called “Can Willpower Be Strengthened?” the authors urge you to engage in continual monitoring and improvement of habits you would like to change. Such conscious effort increases stamina to exercise willpower. In effect, you’ll be making many small decisions to stay disciplined by correcting old habits, which strengthens stamina. By strengthening mental stamina, your willpower lasts longer. You can stick to a task requiring willpower and remain sharp if you have more endurance to keep at the heavy lifting of continual decision-making. Speech habits are a great place to start.

Speech habits are “deeply ingrained and therefore require effort to modify,” write the authors. Which speech habits can you work on? Baumeister and Tierney recommend concentrating on speaking in complete sentences, eliminating “like” and “you know,” and avoiding contractions such as “couldn’t” and “can’t.” I suggest eliminating the monotonous uptick of uncertainty at the ends of phrases and sentences. Challenge yourself to hear the habit, then eliminate it. End more sentences with a downward inflection.

If you want to get straight to the weight-loss advice, skip to the end of the book. But you’ll build up your stamina if you read from the beginning. I recommend this book highly, so click here to download it or order it in the convenient, readable-below-10,000-feet printed paper edition.

Willpower Penguin Books

 

 

Sharing Our Techniques with Mock Trial Students

MT illustration preparing_webThe sixth-grader raised her hand to ask a question. “Would it be OK to gesture twice in one sentence?”

This enthusiastic Barrett Scholar at Arizona State University’s summer program had not only asked a great question, she proved she had read our book and thought some deep thoughts about it!

In the summer of 2011 Brian Johnson and I had the honor of teaching for just one day at the Barrett Scholar program at ASU, my own alma mater. Since we spend most of our work days coaching practicing lawyers, we weren’t sure if we were suited to speaking to middle school students interested in learning about the legal system.

The few hours we spent with the class were inspiring, and set us off on an unexpected path. Last week, Crown King Books released our new Mock Trial Coach’s Bundle, a set of teaching materials for students who compete in mock trial, and the hard-working coaches who guide them during the school year.

Our publisher convened a nation-wide focus group of mock trial coaches at the middle, high school, and undergraduate level. They read our book The Articulate Advocate: New Techniques of Persuasion for Trial Lawyers. Then they filled out a long questionnaire designed to determine whether our book might be suited to their students. After examining the results and combing through the comments, we realized two important facts.

First, mock trial coaches are strapped for cash in their programs. Even though our books are reasonably-priced for lawyers ($19.95 – $24.99), they are out of reach for extra-curricular school programs. Coaches need to maximize every dollar they spend. Second, it is more important for mock trial students and coaches need to understand how to practice trial skills than it is to understand the theory behind it.

Brenda Hadenfeldt, our quietly dynamic and lucid editor, set about helping us condense our How to Practice chapter into practical instructions for students. The wonderful youthful illustrations are by Barbara Richied. Video was made in our own studio, and at the National Institute for Trial Advocacy. We’re delighted with the results—and the reasonable price of $39.95.  Click for more details, and to order.

The Mock Trial Coach’s Bundle includes:

  • One copy of The Articulate Advocate: New Techniques of Persuasion for Trial Lawyers
  • Mock Trial Practice Guide, with permission to copy for your students
  • Mock Trial Practice Tips, with permission to copy for your students
  • Mock Trial Witness Tips, with permission to copy for your students
  • Mock Trial Video Review Checklist, with permission to copy for your students
  • Over 90 minutes of video instruction on a password-protected web site

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Another Travel Post from Brian Johnson

by Brian K. Johnson

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The DOJ’s National Advocacy Center on the campus of the University of South Carolina in Columbia is one of my favorite teaching destinations. Among the pleasures of teaching at what is referred to as “the NAC” is the high quality of the participants. These mostly young lawyers will actually get to try cases — they are not just “wannabe trial lawyers,” but the real deal. The level of enthusiasm and eagerness to learn makes teaching them enormously satisfying and rewarding.

For over a decade we have traineIMG_0809d every new Assistant United States Attorney at the NAC. We tell them how much we enjoy, as citizens of the U.S., training “our lawyers.” In two days we deliver a two-hour lecture on courtroom communication skills, then we work with 40 participants in 20-minute review sessions in rapid-fire succession. We watch a video clip of an opening statement, direct or cross examination, or closing argument. After reviewing video, we coach each advocate to integrate changes that will make it more persuasive.

IMG_0807The NAC has numerous courtrooms with video cameras installed to record the training exercises. The faculty consists of experienced A.U.S.A.s who volunteer to teach.

I joke with the head of the food service that my only complaint is that the food is too good! There’s nothing like tasty Southern cooking that includes collard greens or butter beans, real fried chicken, or catfish with crab stuffing. And for dessert, either pecan or sweet potato pie.

Gratifying teaching, Southern hospitality, and Springtime in February are the perks of teaching at the NAC.

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