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Tag Archives: Closing Argument

Working On Your Closing Argument? Use the Persuasion Slide.

14 Monday Jul 2014

Posted by Celia C. Elwell, RP in Closing Argument, Trial Tips and Techniques

≈ Comments Off on Working On Your Closing Argument? Use the Persuasion Slide.

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Closing Argument, Dr. Ken Broda-Bahm, Litigation, Neuromarketing Blog, Persuasive Litigator, Persuasive Slide

Use the ‘Persuasion Slide,’ by Dr. Ken Broda-Bahm:, Persuasive Litigator

http://www.persuasivelitigator.com/convincing-closing/

Some great practical ideas for persuasion come from the field of marketing. To be sure, not all apply in legal settings, but marketing offers a laboratory where the practical aspects of human influence can be addressed in a situation that often carries high stakes and measurable results. I recently came across one marketing idea from Roger Dooley’s Neuromarketing blog that provides a perfect way of explaining and differentiating the various forces at work in any persuasive situation. The idea is called ‘The Persuasion Slide,’ and it starts with the simple physics involved in an ordinary playground slide. Like a good trial metaphor or demonstrative exhibit, the illustration provides a simple and immediately meaningful way to understand a more complex process. . . . .

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Juries and Social Labeling.

28 Saturday Jun 2014

Posted by Celia C. Elwell, RP in Closing Argument, Jury Instructions, Jury Persuasion, Jury Selection, Opening Argument, Trial Tips and Techniques

≈ Comments Off on Juries and Social Labeling.

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Closing Argument, Jill D. Schmid Ph.D., Jury Persuasuion, Opening Argument, Social Labeling, Trial Tips & Techniques, Tsongas® Blog

“Everyday is a Great Day!” Self-Fulfilling Prophecy and Social Labeling, by Jill D. Schmid Ph.D., Tsongas® Blog

http://tinyurl.com/ljah59y

‘Everyday is a great day!’ That’s what he said, and appeared to believe with every fiber of his body. He was a 20-something, male clerk in an airport hotel’s gift shop. My response to, ‘How are you today?’ paled in comparison. ‘Oh, alright,’ I said as I contemplated what was about to be a very long research day. I didn’t expect to have a philosophical discussion that morning, but after what he said, I couldn’t help but ask his secret.  He looked so content, so convincing, so . . . what’s the word?  Oh yeah, happy.

So I asked, and his answer stuck with me.  He said about five years earlier he found himself in a tough spot; he was making poor choices; he was unhappy and making others around him unhappy. He decided to change his life, and he would do it by simply declaring that every day was special, that ‘everyday is a great day!’ He said from that point on, his attitude changed and he noticed that others’ attitudes also changed.  He found that when he’d tell people that, they smiled and seemed a bit lighter, less stressed. I felt the same – his answer had reminded me that I should be focusing on the positive; that I should be thankful to have a job that allows me to have interesting and challenging conversations nearly every day; that I should be looking forward to interacting with a whole new group of people – people who had important things to say and from whom I would learn a lot. In short, it really was about to be a great day, and I needed to change my attitude.

I was reminded of this encounter during a recent jury selection.  While I typically believe it’s somewhat of a waste of time to elicit ‘promises’ from your potential jurors (i.e., ‘Do you promise that you’ll give my client a fair shake?’ ‘Do you promise that you’ll follow all of the judge’s instructions?’ ‘Do you promise to not let your sympathies influence your decision?”), this attorney took a similar, but improved tack. His questions, and subsequent labeling of the jurors, utilized a well-researched phenomenon called ‘social labeling.’ . . .

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The Secret Of How To Ask For What You Want.

31 Saturday May 2014

Posted by Celia C. Elwell, RP in Closing Argument, Cross-Examination, Direct Examination, Jury Persuasion, Legal Argument, Legal Writing, Opening Argument, Oral Argument, Trial Tips and Techniques, Voir Dire

≈ Comments Off on The Secret Of How To Ask For What You Want.

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Closing Argument, Elliott Wilcox, Legal Writing, Opening Argument, Trial Theater Blog, Trial Tips & Techniques

Ask For What You Want, posted by Elliott Wilcox, Trial Theater Blog

http://tinyurl.com/kkrtqwo

Mr. Wilcox’s suggestions on how to verbally ask for what you want can also be translated into a persuasive legal writing technique. The logic works either way. -CCE

How many times a day do you ask judges, clients, or co-workers to do something or to give you something? During any given week, you probably make hundreds, perhaps even thousands, of requests. You ask your co-worker to work on a project, you ask your assistant to handle a client issue, you ask your kids to help with the dishes. . . . The number of requests that you make each week is staggering. But how many of those requests are actually granted? Have you ever had a problem with someone not doing not what you asked?

Why?  You’re a lawyer. Shouldn’t you be the master of persuasion who can get what you want, when you want it, and how you want it, every single time?

Unless your name is ‘Svengali the Master Manipulator,’ chances are that many of your requests are not being granted, or at least not being carried out exactly the way you’d like to see them handled.  But it’s not because your requests are falling on deaf ears.  In fact, your listeners are probably hearing exactly what you’re saying.  The problem is that you’re asking for the wrong thing. . . .

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Judges Share Tips With Attorneys About What They Like and What They Don’t.

24 Saturday May 2014

Posted by Celia C. Elwell, RP in Animations, Closing Argument, Jury Selection, Legal Technology, Motion in Limine, Opening Argument, Presentations, Trial Tips and Techniques

≈ Comments Off on Judges Share Tips With Attorneys About What They Like and What They Don’t.

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Closing Argument, Cogent Legal Blog, Jury Questionnaires, Legal Technology, Morgan Smith, Motion in Limine, Opening Argument, Trips Tips & Techniques

5 Key Tips for Trial: Judges Tell Attorneys What They Do and Don’t Like In Court, by Morgan Smith, Cogent Legal Blog

http://cogentlegal.com/blog/2011/05/5-key-tips-for-trial/

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Better Trial Messages to the Jury.

02 Thursday Jan 2014

Posted by Celia C. Elwell, RP in Closing Argument, Jury Instructions, Opening Argument, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Better Trial Messages to the Jury.

Tags

Cambridge, Chunking, Closing Argument, Daniel Bor, Dr. Ken Broda-Bahm, Opening Argument, Persuasive Litigator, Trial Tips and Techniques, Voir Dire

Chunk Your Trial Message, by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/jvum7kj

Dr. Broda-Bahm provides excellent ideas for litigators on how to “chunk” their trial messages. -CCE

 Give me the bite-sized version, break it down into pieces, and tell it to me step-by-step. The brain loves to segment, and the process known as “chunking” seems to be a central part of how we recognize patterns, manage information, and form new insights. A recent perspective on the process is articulated by Cambridge neuroscientist Daniel Bor in his book, The Ravenous Brain (2012).

[I]t is one thing for the attorney to get that structure, and it is another thing for her listeners to get it just as well. Litigators and other communicators often believe that they’re breaking things down based on a clear, explicit, and meaningful structure, but their audience instead simply experiences a continuous and unbroken flow of information or arguments. Here are a few rules of thumb for making sure you’re actually chunking when you think you’re chunking:

  • It has to be simple (which usually means flat, without substructure, and limited to a manageable number of main points).

  • It has to be explicit (which usually means actually saying something like, “First point,” “Second point,” and “Third point”).

  • It usually should be previewed (“Tell them before you tell them,” unless you having a strategic reason for preserving a surprise).

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Show the Jury How to Fill in the Verdict Form in Closing Argument

19 Tuesday Nov 2013

Posted by Celia C. Elwell, RP in Closing Argument, Legal Technology, Trial Tips and Techniques

≈ Comments Off on Show the Jury How to Fill in the Verdict Form in Closing Argument

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Closing Argument, Cogent Legal Blog, Jury, Michael Kelleher, Verdict Form

How to Guide the Jury Through the Verdict Form in Closing Argument, by Michael Kelleher, Cogent Legal Blog
http://cogentlegal.com/blog/2013/11/verdict-form/

While I can see how persuasive this would be, I am curious as to whether a judge would rule against this presentation if opposing counsel filed an appropriate motion in limine. CCE

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The Cardinal Rules of Trial Advocacy

05 Tuesday Nov 2013

Posted by Celia C. Elwell, RP in Admissibility, Closing Argument, Court Rules, Cross-Examination, Direct Examination, Evidence, Making Objections, Opening Argument, Trial Tips and Techniques

≈ Comments Off on The Cardinal Rules of Trial Advocacy

Tags

Closing Argument, Evidence, Objections, Opening Argument, Trial Tips & Techniques

Everything You Ever Wanted To Know About Trial Procedure and Tactics, by James A. Tanford, Indiana University School Of Law

http://www.perma.cc/0WZumCVR9Ao

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Comprehensive Discussion of Trial Procedure and Techniques

19 Saturday Oct 2013

Posted by Celia C. Elwell, RP in Closing Argument, Cross-Examination, Direct Examination, Evidence, Judges, Jury Selection, Making Objections, Opening Argument, Trial Notebooks, Trial Tips and Techniques

≈ Comments Off on Comprehensive Discussion of Trial Procedure and Techniques

Tags

Closing Argument, Cross-Examination, Direct Examination, Indiana University School of Law, James A. Tanford, Jury Selection, Objections, Opening Argument, Trial Notebooks, Trial Tips and Techniques

Everything You Ever Wanted To Know About Trial Procedure And Tactics, by James A. Tanford, Indiana University School of Law
http://www.law.indiana.edu/instruction/tanford/web/reference/basictactics.html

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