Voice

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

More on the Public Speaking Scourge of Teleprompters

by Marsha Hunter

An article in The New Yorker caught my eye after my post about teleprompters at the Republican and Democratic conventions. Having watched a few teleprompted speeches on my recent trip to the U.K., I dislike these “blasted contrivances” more than ever. (That was Herbert Hoover’s description; see “Rolling Rhetoric” in the magazine above. I was reading back issues on the plane to London.)

Depressingly, the teleprompter industry seems alive and well, surely preying upon the well-documented general fear of public speaking. An Internet search gave me 1,640,000 results on the topic, showing equipment, mirror-image equipment, free-lance so-called “prompters,” information about the patents, news articles about their use and misuse, and on and on.

Since I do not teach lawyers how to use these contraptions, I had no idea how they actually worked until I did some digging around. Once, on a tour of the Louisiana State Capitol in Baton Rouge, I saw one up close, though I’d assumed it was an antique. I’d imagined that modern teleprompters were mechanized, with the speaker in control of the rate of speech rolling past their eyeballs.

How wrong I was! A person, like the Great Oz behind a flimsy curtain, still rolls lines of words manually, by turning a knob. The speaker is not in control. This further explains why speakers sound mechanical and unnatural when reading off a teleprompter. They aren’t even controlling their own rate of speech!

A speaker’s pace and breath make them sound like themselves – authentic, real, and natural. Only when a speaker overcomes her adrenaline and finds her own talking groove can she settle into delivering an excellent presentation. It is a skill that can be learned, because there is theoretically unlimited practice time to improve. It is up to each speaker to decide how much work to put into the task.

With a teleprompter, though, rehearsal time is extremely short. It is expensive to include technicians and a free-lance actor turning a knob, partly because it often must take place in the actual space such as a convention center. The chances of making it all seem “real” become vanishingly small. Judging from this season’s political speeches on both sides of the Atlantic, the results are dismal.

In my previous post, I critiqued the fast pace of reading, the limited “baton” gestures, and the stilted vocal delivery of teleprompted speeches.

Let me add another shortcoming: speakers’ faces do not look quite right. Whether from concentrating on words passing in front of them (at someone else’s rate), or because of the facial reading “mask” that so many teleprompted speakers wear, they appear distracted and far away. They are far away – inside the teleprompter. If they had their speeches on a piece of paper in front of them, at least they would be masters of their own speaking destiny. When their minds are focused on keeping up with the scrolling knob, we can hear it in their delivery.

As teleprompted speakers lean toward the screens, they crowd the podium, leaving themselves no space for their normal gestures to assist the language. Thus, language sounds dull, its music monotonous. Teleprompters suck speakers into a negative gesture-language loop, where gestures inhibit language and language fails to stimulate instinctive gesture.

Teleprompters simulate reality. I’d rather have reality, so I can hear the real person I’m considering voting for. Our virtual teleprompted speaking world is far from satisfactory, and only serves to reinforce that politicians, their wives, and surrogates live in a parallel universe, where Oz controls the knobs and the Emperor has no clothes.

Judge Reads Disciplinary Hearing Results in Maricopa County, Arizona

Presiding Disciplinary Judge William O’Neil handed down the decision by the panel in the eagerly-anticipated case of former Maricopa County Attorney Andrew Thomas and his deputy Lisa Aubuchon this morning. Both Thomas and Aubuchon are disbarred. Attorney Rachel Alexander has been suspended for six months for her role in whole mess.

Listening live, as many of us here in Arizona were, I was struck by the increasing outrage I could hear in O’Neil’s voice. Reading the 33 ethical violations and findings, he began with an even-handed tone. The first allegations included a few findings that there was not clear and convincing evidence of ethical violation. But it didn’t take long for the judge’s voice to take on harder attitudes: impatience, outrage, disgust, exasperation. The unanimous decisions piled up, as Judge O’Neil read, “We find that there IS clear and convincing evidence that Mr. Thomas violated that ethical rule,” etc., etc. By the time he read that Aubuchon was disbarred, we all knew that Thomas was next. The climax of the 18 minutes of findings was dramatic.

To listen, go to:

http://azcourts.gov/pdj/VideoPage.aspx

Today’s video is already archived (bravo, Arizona Supreme Court!). Here you can also watch the proceedings from last fall’s hearings in all their lurid detail.

Listen especially to the inflection, clear voice, and tone of Judge O’Neil’s delivery. It’s an excellent example of reading with conviction.

 

Adrenaline Rush: Talking to the Supreme Court

by Marsha Hunter

The battle of the titans is on at the Supreme Court this week. Star advocates and celebrity justices argue behind closed doors, viewed by a lucky few in person. The politics of the health care hearings is hard to avoid, whether you turn on a TV, a radio, click into a news source, or find a newspaper at your hotel room door. Without video to show us what is happening (and video is long overdue at the Court), we rely on journalists and bloggers, or audio and transcripts. Audio from the courtroom allows us to hear through the politics and think about how the arguments unfold. What can we hear?

On Monday, we heard three advocates, Robert A. Long, Solicitor General Donald B. Verrilli, Jr., and Gregory G. Katsas, debate the relevance of the Anti-Injunction Act. The first to speak, Mr. Long, was interrupted in the third paragraph of his initial statement after 90 seconds. That means he had a minute and a half to get his heart rate down and manage his adrenaline flow before Justice Scalia said, “Well, that depends…..”

Last week’s news reported on the amount of  preparation going on in Washington for these arguments. One implied that we were running out of lawyers willing to impersonate Supreme Court justices because so many moots were scheduled. Here are some of Monday’s real questions that those simulations were preparing for. They were just the type of inquiry to keep an advocate’s heart racing:

  • What kinds of cases do you imagine that courts will hear, on what grounds?
  • Are you asking us to overrule the Davis case?
  • Now, doesn’t that sound like an equitable exception to the Anti-Injunction Act?
  • I’m trying to get you to focus on that kind of argument.
  • Are you following me?
  • Isn’t the fairer statement…..
  • Doesn’t that just prove that…..

All three advocates stood their ground, answered succinctly or in detail when appropriate, and kept multiple questions in mind as they answered. They looped back to their own themes, occasionally with a polite apology about repeating themselves. It proved a decent warm-up for General Verrilli, who had two more grueling days ahead of him. Just listening to voices, his was the clearest, with the most air under the sound. His voice is a resonant baritone, with a pleasing quality.

When listening to arguments, pay special attention to the rate of speech of both advocates and justices. The ability to speak in deliberate phrases, without rushing, is the key to thinking and speaking in the moment.

For Monday’s audio, go to:

http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-398-Monday

News reports after Tuesday’s arguments stated that General Verilli had sounded nervous. I was surprised, as he seemed confident on Monday. But sure enough, his first statement betrays a problem when listening to the audio that is not apparent in the transcript. Here is the transcript, with my observations inserted:

GENERAL VERRILLI: Mr. Chief Justice, and may it please the Court:
The Affordable Care Act addresses a fundamental and enduring problem in our health care system and our economy. Insurance has become the predominant means of paying for health care in this country. COUGHS TWICE, THEN REPEATS THE LAST SENTENCE, SO HE MUST BE READING. Insurance has become the predominant means of paying for health care in this country. For most Americans, for more than 80 percent of Americans, the UH insurance system does provide effective UH access. DRINKS WATER, AND WE CAN HEAR THE ICE CUBES TINKLE IN THE GLASS Excuse me. AS A LISTENER, I AM NOW BECOMING UNCOMFORTABLE, WONDERING WHAT IS WRONG.
But for more than 40 million Americans who do not have access to health insurance either through their employer or through government programs such as Medicare or Medicaid, BIG, AUDIBLE BREATH, the system does not work. Those individuals must resort to the individual market, and that market does not provide affordable health insurance. It does not do so because COUGHS SMALL STUTTER it — because the UH multibillion dollar subsidies that are available for the -UH the UH SOMETHING IN HIS TONE OF VOICE SIGNALS HE IS STRUGGLING, THAT HE IS STILL NOT OK employer market are not available in the individual market. It does not do so because ERISA and HIPAA regulations that preclude — UH that preclude UH discrimination against people based on their medical history do not apply in the individual market. That is an economic problem. And it begets another economic problem.

Here, at 1:44, Scalia asks the first question, in a quiet voice.

What happened to General Verrilli during that first minute and forty-five seconds? I’m guessing that he had “cotton mouth,” that odious condition resulting from adrenaline’s shutting down of the digestive system and robbing the speaker of saliva. It makes people clear their throats, need a drink of water, cough—all at the most important moment, the first-impression beginnings. In most public speaking situations, you can recover, but at the Supreme Court, your questioners may smell blood in the water. They will probably attack before you completely recover.

What do you think? Did General Verrilli recover sufficiently to argue effectively? How would you guard against this hazard?

For Tuesdays’ arguments:

http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-398-Tuesday

Watch Two Fluent Speakers in the News

It is always fun to watch good speakers, and here are two from the last days. The Arizona State University Walter Cronkite School of Journalism gave its Cronkite Award this year to Christane Amanpour. She addressed the students at a luncheon, with video posted on ASU’s Public Broadcasting affiliate. Jacob Frenkel, a former SEC lawyer, explained on the News Hour why Judge Jed Rakoff rejected the SEC’s deal with Citigroup.

Notice that Amanpour is speaking with only a few notes, and is extremely fluent. She’s been practicing for decades, having been a foreign correspondent for CNN for 27 years before she moved to a major network. Her eye contact is excellent, as she scans the room with smiling enthusiasm, wanting to take everyone into her story. Watch her gestures as well. They help her think of ideas and concepts, supporting the language naturally. They flow.

Read More»

Is Um an Honored Part of Speech?

Is um an honored part of language?

In July a student of mine recommended an essay in Slate called An Uh, Er, Um Essay in Praise of Verbal Stumbles. He asked me if I’d heard the theory that um is a useful, time-honored part of language worthy of preservation. Perhaps the lawyer’s common goal of banishing it from oral advocacy, courtrooms, and other professional speech, he postulated, is misguided. We could chill out about um, in other words. Rather than being an impediment to fluent speech, it helps us think.

Author Michael Erard is a staunch defender of such dysfluencies, having written a 2007 book called Uh…: Slips, Stumbles, and Verbal Blunders and What They Mean. While some of the book’s history of spoonerisms and malapropisms was amusing, his defense of um as an important part of verbal communication was tiresome. In Slate, he returns to that theme:

“But “uh” and “um” don’t deserve eradication; there’s no good reason to uproot them. People have been pausing and filling their pauses with a neutral vowel (or sometimes with an actual word) for as long as we’ve had language, which is about 100,000 years. If listeners are so naturally repelled by “uhs” and “ums,” you’d think those sounds would have been eliminated long before now.”

We humans have had lots of bad habits for more than 100,000 years. We’re still working on stamping out murder, slavery, rape, typos, war, and spelling errors, among a lengthy list of sins great and small. The idea that something is valuable because it has been around for a really long time is silly.

Language, like the rest of culture, constantly changes, and often for the better, becoming clearer and more efficient. But Erard argues for halting progress. Positive reviews on his Amazon book page pre-emptively strike at stuffy self-appointed anti-ummers who bemoan the poor state of oral communication these days. My impossible uncoolness aside, count me in with the crowd agitating for improvement. Why settle for the rudimentary noises we were making 100,000 years ago? Why not attempt to make language more fluid, or—dare I suggest—more beautifully-rendered?

Erard and his band of pro-ummers have a strange mission. They argue for what they see as the people’s speech, lowbrow and proud of it. I have no problem with lowbrow. Among the Alabama hillbillies from whom I am descended, my Uncle Bobby Wayne enjoyed playing with language, which flowed effortlessly from his brain to his mouth, unimpeded by verbal stumbles. His hilarious analogies, surprising juxtapositions, and quick-witted character sketches had nothing to do with erudition or education. No, lowbrow doesn’t bother me, but willful mediocrity does. Erard’s position that um is worthy of preservation is lazy. His elation over his 20-month-old son’s recently-uttered his first um is mysterious (he considered sending out celebratory greeting cards).

But, to try being open-minded, let’s consider whether Erard might be correct. Where shall we look for evidence? Where is um in speech we admire, speech worthy of preservation? Let’s begin with literary artists who imitate life, playwrights.

Alas—um—alack! Shakespeare, Moliere, Chekhov, Tennessee Williams, and Tom Stoppard (pardon the short list) have apparently failed to notice that inserting ums could make their characters come alive. Why not:

Um To be or um not um to um be, um that is um the um question. Um.

Or:

I’ve always um depended on the kindness like you know of um strangers.

If these writers are too highbrow, look for um in working-class conversations in plays by August Wilson or John Osborne. We don’t hear um in theater scripts because it rarely has any meaning whatsoever. Once in a great while, to signal confusion or hesitancy, a playwright may include it in a script. Um is a dull, annoying placeholder which neither advances a story nor reveals deep insight into character; it’s an uninteresting verbal habit, not worth including.

Contemplating the use of um in theater begs the question of why there are none in musicals or opera. Go ahead, try to imagine it. Sondheim: “Send in the um clowns.” Rogers and Hammerstein: “Um. Oh, what a um beautiful um morning.” Parker and Stone, The Book of Mormon: “I believe um the Lord, um God, created the um universe…” Lorenzo do Ponte by way of Mozart: “Un’ aura um amorosa um de nostro er tesoro….”

What about film? If Erard is correct that um is a fascinating aspect of language, surely film, a recent construct in human cultural and social evolution, and often intent on portraying down-to-earth reality, includes it. But screenwriters insert um into a character’s speech patterns only occasionally. Some actors—Hugh Grant, famously—insert blunders and stumbles into a script as a charming movie star mannerism that projects an amiable, common-man gawkishness.

Speechwriters, too, have missed important opportunities to spice up droning, drab prose:

Um Ask um not what, well, um your country um can um do for um you, um ask um what you can um do um for your um country. (John F. Kennedy)

Strange as it um may seem to er many, um, we now demand our right to vote according um to the um declaration of the um government under which we um er um live. (Elizabeth Cady Stanton)

If um is integral to speech, why do novelists leave it out? Why does Mark Twain ignore it, Virginia Woolf skip it, and writers from Pat Conroy to Joyce Carol Oates shun um as an illuminating part of character? Because it is more than meaningless—it wastes time. Readers would be exasperated by slogging through a thicket of ums. Serious writers, like serious speakers, do their best to put the right words into the mouths of interesting characters.

Finally, if dysfluencies are desirable in speech, why not insert them into all writing? Where are the meaningful typos and misspellings in Erard’s article? Perhaps a few strategically-placed ers could help us comprehend his meaning. It might be better to dispense with rules of good writing altogether, since humans have been writing poorly for thousands of years. Why bother with perfection in written language when our standards for speaking are lax?

People do speak without saying um, and we’ve all heard them: politicians, teachers, professors, lecturers of every stripe, talking heads, our friends, perhaps even you, esteemed reader. A fair percentage of speakers express themselves fluently and smoothly with no ums whatsoever. Using Erard’s logic, they are foolish. Inserting various noises and grunts would compensate for their eloquence.

Studies cited in Erard’s article are not supportive of his position. The Slate article refers to research that seems to prop up his point of view, but on closer examination, is not relevant. One refers to silence as an alternative placeholder in conversation (in my opinion, a better choice by far than um for thinking of what to say next). Another appears neutral as to whether there might be a better alternative to um. For example, when speaking to a toddler, um got attention, but were there other noises or words tested as well (such as calling the child by name)? The study merely states that a noise, in this case um, was effective as an attention-getting device.

A Practical Take on Um

Um is a thinking noise. We use it when we have the floor and are thinking of what to say next. In casual conversation, it usually doesn’t matter. We’ve all said um more times than we can count. When we want to be precise and persuasive, as when speaking professionally, it matters because thinking noises interrupt the flow of well-formed, intelligible sentences. Um robs us of that moment to think about our most important ideas and our passionately-held views. Um, er, like, you know, and other place holders are sloppy habits.

At our most eloquent, um disappears and speech is fluent. Think of Martin Luther King’s Dream speech. He spoke the most famous words just after he had laid aside his prepared remarks. King spoke in um-free sentences, which still ring in our collective memory. None of us recalls that he spoke from the deepest convictions of his soul like this:

Um. I um have an, a, um dream. um. That some—um—one um day um this nation will um rise um d….No um up and live out um the um true meaning of um her, no, um its creed um well, you know um that all um men are uuuuuuuh created um equal and um

Erard’s um theory disintegrates finally because he ignores two prime components of how we generate speech—gesture and prosody. Discussions of both are beyond the scope of this article, but keep in mind two crucial facts. First, the movement of our hands and arms which accompanies extemporaneous speech helps us find words, integrate concepts and ideas, and produce orderly sentences. Gesture must be part of a discussion of how we generate speech. Second, the music of our voices directly affects our word choice (see above: Uncle Bobby Wayne), and whether or not we stumble when we speak . Pedestrian delivery makes for drab choices, including um, er, like, you know, or placeholders in any language.

Playwrights, screenwriters, speechwriters, and the well-spoken among us refrain from using um because it is the linguistic equivalent of a dripping faucet: a persistent, annoying noise, always on the same pitch, the same decibel level, and usually of the same duration. Instead of making excuses for letting the lingual faucet drip on ad infinitum, fix it. Take a breath, let a moment of silence fall between thoughts, and, using gesture for expression and lung-power for melody, strive for fluency. May um become an evolutionary vestige of language, sooner rather than later. It shouldn’t take 100,000 years.

Andrew Sullivan’s post has nothing to add, unfortunately. He merely quotes Erard verbatim.

Public Speaking Checklists

Public speaking in any forum is a skill. One becomes an artist only after mastering the craft. Here are ten ideas to keep you proficient and on track as you follow the road to expertise. Download versions for corporate attorneys, and trial lawyers.

While waiting your turn to speak:

1. Breathe deeply, slowly and consciously to calm yourself down.

Once you stand, but before you say a word:

2. Plant your feet and stand still.

3. Raise your hands to the Ready Position—loosely touching at waist height.

4. Hear the silence in the room—this is the silence you will hear between phrases.

5. Look your audience in the eye during this moment of silence.

6. Take one final deep breath before you speak. Breathe in—> speak out.

When you begin to speak:

7. Speak in phrases, not whole sentences (think: Pledge of Allegiance rhythm).

8. Gesture immediately—place a word, concept, person, or idea “on the shelf.”

9. Emphasize a key word in every phrase of your sentence.

10. To end sentences “walk down the steps” (“with liberty and justice for all”).

checklists copyright 2011 by Johnson & Hunter, Inc. all rights reserved

Confidence Revisited

My last post asked what confidence looks like. How can you see it in a speaker, in any public forum? We see relaxed facial muscles, loose shoulders, wide, smooth gestures. We see its opposite when an attorney’s gestures are small, constrained and jerky—in tight body language.

My essay used professional tennis players as examples. When they appear loose, they are more confident; when they look tight, observers can see their confidence drain away. The September edition of The Atlantic features a short article about Ana Ivanovic’s descent into an ever-tightening degradation of her considerable tennis skills. Her coach took her to watch two Spanish players at the top of their form. Rafael Nadal and David Ferrer moved gracefully, swung their racquets adroitly, flowed through their match. Here’s a link to the article, which includes a reference to an upcoming book called Choke by University of Chicago psychologist Sian Beilock. http://tinyurl.com/2dbxlk3

To hear what confidence sounds like, go to the Oyez Project’s web site (see the link on the sidebar), where you can listen to arguments from the Supreme Court. Choose a case you’d like to hear, and then listen carefully first to the justices. They love what they do—you can hear the enjoyment in their voices. They relish the moment. I especially admire how Breyer and Scalia shape their questions, speaking in phrases, spinning articulate phrases easily and fluently. Click here for audio of cases from 2007. http://www.oyez.org/cases/2007

Listen also to the lawyers. They talk faster. For obvious reasons they feel the pressure of the clock. The old hands like Theodore Olson are fun to hear, but those who are appearing for the first time are equally fascinating. People tend to rise to the occasion. Compare the experienced advocates and the novices with the justices.

I’ve written about oyez.org in the past, but the web site is revamped and improved since then. As I prepare for several appellate advocacy course this fall, I revisited the site and found it even better. Here are some of the new things you can find there, quoting directly from the project’s site:

And the new Oyez Flash Audio/Video Player by Nonstop Workshop allows you to:

  • Scroll through transcripts with embedded images
  • Quickly jump to separate arguments within a case
  • Search for phrases by one or more specific speakers
  • View speaker statistics along a color-coded timeline

Let me know if you hear or see confidence. How would you describe it? What do you think it looks and sounds like?

Think about it while you relax at the end of summer!

The Verbal Litter of Sentence Fragments

When we talk, why don’t we finish our sentences? Linguists must know the answer to this question, but I am at a loss. All I’m sure of is this: lawyers find it difficult, and often impossible, to finish sentences. They have some kind of built-in resistance to committing to a period. Commas, elipses, and random question marks—yes. Periods, no.

Here’s what I mean. A lawyer stands up to make an opening statement, or a motion to a judge, or a presentation about a case to colleagues. She states her topic or theme, often (but far from always) in a single sentence. And then, she’s off to The Land of the Never-Ending Sentence. There isn’t a period to be heard for minutes on end:

“Mrs. X has been afraid for her life since the night her husband stabbed her with a kitchen knife.” (This is the complete sentence.) “Mr. X had threatened her on numerous occasions, and the police had been uh called to their residence more than once and in 2009 alone officers were called by uh by either a neighbor or the caretaker of the condos or even by Mr. X himself uh on one occasion, and so she has been scared and worried, especially for the um effect of the potential violence on her two young daughters, who she sent away to live with her um sister………” And so on, and on, and on.

The story eventually emerges from a thicket of verbiage. Participles dangle, prepositional phrases attach themselves, as if by their own accord, to the beginnings of ideas or the ends of a long-winded thought, serving only as a bridge to the next part of an excruciating, endless sentence. Tangled in the verbal weed patch, like chattering language cicadas, is the cognitive wheel-spinning of habitual rephrasing, as in:

“…who she sent away to live with her sister… who..uh…who she sent to a suburb of Boston…who she sent early um last year to live in a safer place…a less a much less violent situation with her sister, because she was now uh even worried about a different type of uh abuse, verbal, physical her older daughter reported….”

We seem to be constantly editing, hitting the delete button, starting over, revising, rough drafting out loud. We would never leave a written sentence unfinished. Why don’t we speak with the same care?

There is a fix for hanging fragmentitis. If you hear yourself starting sentences over, you can help yourself bring sentences to an end by doing three things.

First, resist tacking “and” onto the ends of your thoughts. Do this with all your intellectual muscle. Speak in phrases, working your way through sentences with precision. This keeps your brain in sync with your mouth. We often listen to lawyers who speak so fast that they cannot monitor their speech in real time. Their brain is way out ahead of their lips. As my Uncle Bobby Wayne once observed of a talking head on TV, “I see he’s mashing his lips together, but I can’t make out a word he’s sayin’—and I’m sure he don’t know, either.” “And,” used in this fashion, litters your speech with meaningless noise.

Second, end sentences with downward inflection, walking down the musical steps of each sentence. End sentences decisively, so listeners hear that the end is approaching. They need those inflective, musical cues to help organize your thoughts in their heads. If you are asking a rhetorical question, end with the upward inflection of curiosity. Walk your voice up the musical steps.

Lastly, pause briefly when your sentence ends. You should hear silence. Silence which follows the downward inflection of an audible period gives listeners a moment to process what you have said. Silence gives you a moment to formulate the first word of the next sentence. Don’t worry that the pause will be too long. 99.9% of the time, these pauses are less than a second, and still sufficient to let listeners know the sentence is over. Resist the urge to rush into the next sentence.

Speaking in deliberate phrases keeps your sentences on track, and prevents you from excessive starts and stops. Trust that you can speak about your topic with articulate intelligence. You needn’t second-guess yourself, and make listeners endure your public editing. Sentence fragments wouldn’t do on paper. Don’t sprinkle them throughout your spoken presentations.

Don’t be a litterbug. Period.

Do you have any ideas about how to speak in complete, articulate sentences? Let me hear from you.

Was Thomas Jefferson a Fast Talker?

Wandering around the historic district of Philadelphia early this morning, I found myself at Independence Hall just as its Centennial bell struck the hour. Resonant, pear-shaped tones floated over the sunlit trees, making impromptu music with songbirds. I imagined other sounds that once rang out across the square from open windows—voices in heated debate over details of the Constitution, for example. What did they sound like?

Did those men speak eloquently, crafting arguments with precision and care? Or was their speech peppered with “um” and “uh?” Did they talk as quickly as we do today, or with deliberate, careful enunciation?

Did the manner in which they wrote, with an ink-dipped quill, influence their rate of speech? Did they speak slowly, in a rhythmic reflection of their penmanship? Even writing as quickly as possible, they couldn’t begin to approach the rate at which we can type on a modern keyboard. And that thought leads me to this question: Do we talk fast in part because we write fast?

Last week I had a student who spoke as fast as any lawyer I’ve ever heard, and that’s saying something. Listening to her, I had a moment of insight that her rate of speech was a reflection of the speed of her busy life—writing and typing quickly, running to meetings, hurrying to court, multitasking, racing from one activity to another.

Modern lawyers certainly can talk fast—sometimes I think they are speeding up with each passing year. They tell me they’re afraid of leaving something out, or being cut off by opposing counsel, or even that they’ll be seen as unintelligent if words don’t gush out of their mouths in a flood-swollen torrent. It’s less important that the ideas are well-formed, it seems, than that they keep flowing.

Would we all slow down if our topics were as weighty as the Declaration of Independence?

Alas, we will never actually hear what those voices sounded like in that famous room in Philadelphia. Maybe it’s because they are all fixed in paintings and statues, mute and unmoving, that we assign to them speaking styles resplendent with passion and persuasion, delivered at a ponderous pace calculated to reverberate for centuries.

Go ahead, imagine Benjamin Franklin, George Washington, and Thomas Jefferson talking really, really fast. And don’t forget the “ums.” Funny, huh?

I’m interested to find historical accounts of what the 18th-century debate might have sounded like. In John Adams, by David McCullough, we read that Adams spoke with deliberate care, delivering eloquent extemporaneous sentences. Was that the norm? Let me know if you have a good reference.