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« What is "reversible error per se"? | Main | More on prejudicial error »
Thursday
Oct162008

What can you learn from actors?

Over the weekend I attended a three-day workshop put on by Act of Communication.  The principals of the company are actors, Katherine James and Alan Blumenfeld, who teach trial attorneys how to "perform" in the courtroom.  Maybe the word "perform" isn't exactly accurate; what they try to teach is how attorneys can be more of themselves, and less of a false image of how a trial attorney should act and sound.

I find great value in these seminars because they fill a need.  You may go through law school and take all the important classes, but never have your public speaking skills critiqued.  Once you get your first job at a law office, you may be thrown into court, either through series of appearances to argue motions or even begin trying cases.  You can read your papers and try to remember the applicable law and the facts of the case.  You might even call that preparation.

But unless you give a lot of thought to not only what you are going to say, but how you will say it, then you haven't fully prepared.  And unless you practice your presentation to the point that you have it taken it in so that you can now be spontaneous, you are still not fully prepared.

After watching attorneys appear in court, and watching some of those attorneys pay attention to their nonverbal cues, I can vouch for the benefits of working with actors.  For instance, trial attorneys understand the importance of voir dire but may not realize that eye contact - or lack of it - tells the jurors that the attorney isn't really interested in what the jurors have to say.   Once the opening statement is made, an attorney may avoid looking at the jury, preferring to connect with the witness on the stand, until closing argument.

Another example is how attorneys ask questions at trial.  Does the attorney go through a checklist, asking a question without even looking up or acting as if he or she already knows the answer?  Most attorneys have a good idea of what that answer might be, but they have communicated their indifference to the jury by the inflection and tone of their voice.

This is a hands-on seminar that really produces change.  I have watched how attorneys deliver a presentation on the first day, and a few days later, it is as though someone new took their place.  The presentations are more compelling and persuasive.   What's more, the attorneys are energized by this new knowledge and really look forward to applying these new skills in trial.  If you have any interest - or know that you need to work on those nonverbal skills -  take a look at www.actofcommunication.com.

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