Persuasion
Winning through owning the outcome- Fairfax lawyer comments
One weekend day I went for a long distance run, intending on taking a beautiful nearby trail into a much longer trail. I was pumped, I warmed up, I started running, and then I twisted my ankle in a small ditch in the dirt after...
Battling by rattling the opponent’s agenda while keeping both eyes on the prize
If the prosecutor comes to court with a smirking attitude, the defense lawyer does not need to do anything to wipe the smirk off the prosecutor's face other than doing the criminal defense lawyer's job, keeping his eyes on the prize.
More on persuasion – Keeping suffering in the offensive person’s corner
Achieving and maintaining equanimity is critical in the courtroom battlefield and all battlefields. The challenges to powerful equanimity abound. When we recognize and remember that sh*t coming from others is coming from their own roller coaster and suffering
Engage people as participants in the circle of the story
Once the persuader fully immerses himself or herself into the circle of the story, and fully engages others from that circle, they will be more likely to want to join the persuader in that persuasive circle.
Negotiating and talking with prosecutors in the right zone/circle
In the taijiquan martial art that I practice, we have the concepts of sparring inside a circle, disrupting the opponent's circle, and preventing the opponent from disrupting our own circle.
Similarly, it is ideal for me to speak and negotiate with prosecutors in a proverbial...
A prosecutor who wants justice will walk that walk, not the contemptuous path
"The duty of the prosecutor is to seek justice, not merely to convict." American Bar Association's standards for prosecutors, Standard 3-1.2(c).
Some prosecutors apply that principle so well that when they later switch to private law practice, their criminal defense lawyer colleagues welcome them into the...
Even one ounce of anger or tension can miss the winning opportunity
Yes, the world is filled with too many people too often acting like heartlessly dangerous people. Part of my job is to defuse, shrink, disintegrate, disinfect, and deflect the unseemly and dangerous actions of others, and to extract the gold that can even be found...
Winning at trial by embracing the evidence and law as our own
In the abstract, much in the law world is unexciting, mind-numbing and sometimes maddening, but when practiced on the side of the angels and for people in true need, is exciting.
The audience is a gift- Engage the audience
Stagefright interferes tremendously with performers, persuaders and salespeople from benefiting from the gift of an audience. A live audience provides the actor with instant feedback that is not available to a musician in a studio, a politician in front of a camera in his or...
On battling like a flowing river, with unblocking, high vibration, zero limits and non-attachment
Nobody ever said that trial lawyering would be an easy profession. As I have said time and time again, this work is filled with proverbial projectile vomiting, projectile diarrhea, underhandedness by too many prosecutors and police, unfairness by too many judges, and shoveling sh*t.