The Velvet Hammer™ -

Am in Louisville, Kentucky preparing to give a speech at their annual convention.  Two people have randomly greeted me in passing and said "you have a hard act to follow - all the speakers have been great."   Should have known this would be prophetic.

Do not like to give recycled speeches. Do not like to memorize anything.  Need to FEEL in order for the words to flow well.   Lately have been interested in exploring how to reach jurors regardless of their political or religious leanings.  Accessing shared core human values.  So the topic is a bit obtuse.  Particularly where here, am not teaching how to do something in particular - like give an opening or closing statement.

Cristina has come along on the trip.  She is one of the reasons am so interested in this topic.  Her political beliefs are the opposite of mine. Yet love her to pieces and we rub along just fine.  Ask her what is the number one question you would want to know as a juror.  She answers:  why do people sue.  Why indeed.

This is how the speech starts.  Ask the audience to give non-lawyer/non-legal answers to the question: why do people sue.

Several attorneys valiantly try to answer in regular human being terms.  But can't.

• Because our system of justice has determined that ...  No. That is legal.
• To stand up for their rights...No. That is legal
• It is a legitimate way to obtain revenge and pay back... Better.  But still legal.

The audience looks expectantly at me for the answer.  Surely I have it.  But no.  Don't give them the answer because this is an obtuse subject.  Plus - don't know the answer.

Continue through the presentation.  Can feel that the overwhelming response is...uuuh.  Many are likely playing fantasy football on their computers, reading the news and checking email. 

The problem is that am not giving "a magic bullet."  Don't have a solution that if applied will win all cases.   

Travelled across country to give a speech that no one gets.  Blech.

Cristina sits through the speech (and confirms  later that fantasy football was indeed being played).  Ask her if anyone gave the right answer to the question - why do people sue.  She says no.   Ask her what the answer is.  She says:

Because they can.

Photo:  Before the speech (they were too polite to leave in the middle of it).

                                                                                                          (c) 2010 Jay Flynn

Cartoon by Jay Flynn, personal injury attorney, artist, friend.

If you are sitting in the audience, watching yourself give a presentation, would you be inspired and eager to hear more?   Let's be frank here. 

There is a tendency to focus on pleasing ourselves when we give a speech.  Maybe it's because we need to do everything possible not to show our fear. Or we are trying to look good and smart.  When we focus on self, we channel our energy and efforts away from our audience.  In return, our audience will go to sleep.

Most lawyers who speak at seminars are very well prepared.  It is not a question of whether they know their stuff.  Instead the question is - can they please be better teachers.  More entertaining.  More interesting.  More engaging. 

JD Schramm, Director of the Mastery in Communication Initiative at Stanford’s Graduate School of Business, suggests that we start by writing down the “heart of our content.  How will we shape it?  What flow makes sense?  What matters most to my audience?  What aspects must be included and what elements are optional if time allows.”

Another strategy is to first figure out the opening line.  The grabber.   Then let the flow unfold in a way that will hold attention.

Do not start off by re-introducing yourself and explaining the background of what you are about to do.  Delve right into your speech.  Start off with a story (but please avoid war stories – these generate the most complaints).  Pose a provocative question.  Use a great visual image.  Begin with something funny.  But beware.  Jokes are often very difficult to pull off unless they come to you second nature.

Here is a list of suggestions to help optimize your presentation:

• Look at the audience.  Really look and relate to them.
• Ramp up your personality.
• Don't stand at the podium.  Ask for a cordless microphone and prowl the stage
• If you find yourself speaking in a monotone - snap out of it
• Don't speak in a monotone
• Don't speak too quickly in attempt to cram everything into your time slot
• Ask the audience questions and interact with them
• Don't fuss around with equipment.  Either know how to use it, find someone else to do it for you, or don't use it
• If you have been given a boring topic to speak on - get permission to change it
• Don't read aloud case names and legal citations or other extreme details.  Those should be in your paper.
• To ground the speech, choose a theme. 
• Consider a metaphor or other linguistic construct.  (i.e.  I have a dream…)
• Don't try to model yourself after MLK or anyone else.  Be the best version of yourself.
• Jazz up the order of the speech.  Don’t be overly logical.
• The audience’s time is precious.  Make every word count.
• We are conditioned from a young age to make sense of the world through story telling.  So tell a story. (Without beating your drum).
• Speaking some legalese is fine with a lawyer audience, but it can become toneless and boring.  Use vivid, concrete, emotive language. 
• If possible perform a demonstration.  Choose someone from the audience to assist.  Or do a solo act.  Kinetic, interactive, demonstrations are audience favorites.
• Use Powerpoint the right way. 
• Do not read your outline or paper
• Practice makes as perfect as it can be.  There is no substitute for preparation.

Last time I look at the clock before sleeping, it’s 3:30 am.  That’s actually midnight-ish Seattle time and makes sense.  Best way to avoid jet lag is simply to ignore the clock as much as possible until get home.  Second best way is to mentally minus 3 hours for the next 2 days.  Except for getting up.  Have to get up in time to give speech.  Set wake up for 8:00 am which is 5:00 but who’s keeping track.

Phone rings at 8.  Pick it up and stay in bed til 9 which is 6.

Thrown on black jacket, shirt and knit skirt with a peplum.  Shoes with little flowers. It’s winter but we’re in Atlanta so no stockings hurray.  Hustle down to seminar by 9:30 which is 6:30.  Open door.  Michael Freeman, epidemiologist is in the middle of explaining causation analysis.  Hi Karen he says.  Hi Michael.  Nice to be called out for being late by the professor.

Put stuff down.  Go next door to exhibitor room for breakfast buffet.  Fill bowl with berries – oh so healthy and yummy.  Add muffin for counterbalance.  Come back with food, chew and listen.  Have heard Michael talk about this subject several times.  This proves to be a charm because he makes sense to me today.  I get it!  Well kinda. Enough to know how smart he is.   Fortunately, will be at a seminar he’s doing again in May.  Repetition appears to hold the key.

Do my thing. The audience is in a competition.  We are talking about non-perfect clients and polarizing the case.  Trying to find out who has presented the most difficult plaintiff ever.  There is a clear winner.  A case from the 90s.  Drugs, suicide attempts, convictions, jail…The story is so remarkable you’ll just have to get it from the seminar tape. 

Then it’s lunchtime!  Which means am having second breakfast because it is 12 minus 3 which is 9.  Walk with Stewart Casper, Adam Malone down the street to a sports bar.  Black bean veggie burger delicious.  Meeting people and getting to know them over a meal is the best thing about going to seminars.