Persuasion
Let the courthouse walls disappear and the unblocked testimony begin
Repeatedly in my initial discussions with them, clients and witnesses recount the events leading to my client’s arrest not only with descriptive words but with conclusions, opinions, and the occasional (usually with younger witnesses, which seems to be a generational way of speaking) "so I was...
The power of the pause
The naturally-placed pause has power. I only wish the following people knew it and applied it. One day, I took a taxi in Washington, D.C., and at the destination the driver quoted a fee that was at least fifty percent higher than the then-in-force zone...
“I felt I had touched his heart” – Sister Ardeth Platte. Persuading with non-anger
I grew up with a lot of anger. Of course, anger is rooted in fear. When I did not feel anger, I often felt a lot of tension. It took decades for me to come to sufficient grips with the bigotry that so many people directed...
To persuade jurors, drop the esquire-ish cotton paper attitude, and be real
When I started practicing at my first law firm in 1989, I received a gift of two high-priced framed antique magazine caricatures of dead white British lawyers wearing powdered horse hair wigs. They have remained in their original box ever since. Gone must be the days...
Facing and reversing others’ trespasses
Recently — I think in one of Ram Dass’s two recent books — I was re-reminded how important it is not to take others’ seeming trespasses personally. For instance, if person A is yelling at person B, that may be more of a manifestation of...
Persuading in a suit, when we were once children frolicking in the sun
As I became ten years old and beyond, I noticed more often the premium that was paid for children to act more mature as they got older. Why? To have a disconnect with the power of our children within? To become easily tamed humanoids, so...
Our law firm Logo represents giving our full time, attention, and caring to each client
Somehow my September 15, 2008, blog entry about our law firm’s symbol became elusive online, so I reprint it here: At the Trial Lawyers College, the inevitable day comes when everyone is handed a paintbrush, and is told to tell an important personal story through painting,...
Trial lawyering without exhaustion and boredom
I love my work. I serve my clients and justice, I practice the art of persuasion, and I stand up against injustice. Plenty of my work, also, involves solitary moments preparing, thinking, researching, and writing. I wake for exercise and then work when most people are sleeping, and...
Caring for one’s client is essential to winning a trial. How to care about a mass murderer?
In what looks like a promotional interview, masterful trial lawyer and persuader Gerry Spence — pictured here with me near the end of the 1995 Trial Lawyers College, when my grey hairs were few — underlines that caring for one’s client is an essential element...
“The play’s the thing.” More on the power of storytelling
Do jurors — and judges when sitting as factfinders — want to be talked at monotonously like all the adults in Peanuts? Do they want to be whined to like George Zimmerman’s prosecutor did in closing argument? Or, do jurors and judges as factfinders want...