Story from the Wisconsin Law Journal
For years, studies of lecture audiences have found that most listeners respond less to what is being said in a speech and more to how it is presented.
It’s essential for trial lawyers – who typically spend weeks gathering evidence, creating witness lists and scripting opening and closing statements – to grasp the importance of how they present their case in the courtroom.Lawyers USA spoke about this topic with David J. Dempsey, a former trial attorney and author of “Legally Speaking: 40 Powerful Presentation Principles Lawyers Need to Know.” According to Dempsey, the best public speakers generally make for the best trial lawyers.
“What used to scare me in the courtroom wasn’t the bluebloods from the huge firms,” said Dempsey. “What scared me was the lawyer … from the small firm who could lean into the jurors and say ‘Now let me tell you a story.’ Those are the lawyers that resonate with the jury.”
Here are Dempsey’s tips for more effective public speaking, whether you're an overtime lawyer, San Jose business lawyer, Nashville divorce lawyer, or any type of attorney:
Scale back your arguments.
Brevity is your best friend when speaking before an audience.
According to Dempsey, the fastest way to lose jurors is to bore them with needless details.
While speaking during a motion hearing, Dempsey recalled the judge’s response when he said he was about to list the eight reasons why the judge and jury should believe his argument.
“You could hear this giant sucking sound of all the oxygen leaving the room. The judge told me, ‘I bet there are eight reasons. How about you give me your best two?’”
One tip is to write out your main argument on the back of a business card. This will allow you to focus and weed out extraneous details.
Put yourself in someone else’s shoes.
Lawyers often get so caught up in their own argument that they forget to view it from the point of view of a layperson or another lawyer who might disagree with it.
The most important rule for public keynote speakers is to put themselves in the shoes of the audience – and the same should hold true for lawyers.Dempsey suggests practicing pitching your arguments in front of lawyers and nonlawyers.
You will be facing both in a standard civil trial. Make sure what you say resonates for all.
Do a dress rehearsal.
Visit the courtroom a few days before the trial and run through your arguments, just like a rehearsal.
This will cut down on “surprises” and let you learn the angles, where your visuals will be placed, where the jurors sit, etc.
Don’t be afraid to move around.
Standing behind a lectern can be fatal for keeping the interest of your audience. Move around, but do so discreetly.
For example, if you have three points to make in a PowerPoint, Dempsey recommends moving to a different area of the courtroom for each point.
Master your body language.
A shrug of your shoulders. A momentary look of panic. Shaky hands.
Any of those (often involuntary) gestures can communicate a lack of confidence or preparedness.
So get to know what body tics you have.
Before trial, videotape yourself giving your arguments and various trial presentations. If possible, videotape yourself in a role-playing scenario with another lawyer acting as a hostile witness or opposing attorney.
Plan for the worst.
Consider any potential flaw that an opposing attorney could use against you, such as the competence of an expert or the legitimacy of a witness. How will you handle them?
Dempsey says this gives you a subconscious sense of self-confidence that will help you avoid a look of panic when these issues arise.