Wyzga On Words

Laughter Is As Necessary As Food, Air & Water.

 

No matter  who we are or where we are; no matter our race or creed or gender; no matter our skin color or language - we all laugh the same.

We just don't do it often enough.  Maybe we forget.

The older I get I find there is plenty to laugh about.  As a former nurse I can tell you with certainty that laughter is the best medicine.

Art Linkletter thought so, too.  Time out of mind Linkletter worked in a TV station playroom asking children questions and listening for their responses.  As you'll see, what made it all work so  well was how Linkletter made the kids feel: as if someone was really listening to them.

Here are a few that might bring a smile to your face:

Kids Sat The Darnedest Things1

Kids Say The Darnedest Things2

Kids Say The Darnedest Things3

If kids are not your thing, perhaps The Laughing Buddha might be.

Or, if you prefer puppies, have I got the farm for you.  Juniper Moon Farm and Day #1 of their three-week old Maremma puppies on Day #1 eating solid food.  Kinda reminds me of growing up with 6 siblings.

TIP:     Laugh well and often.  It certainly makes folks wonder what you're up to.

How Is Live Opera Like Storytelling? Those On Stage & We In The Seats Hear 'BRAVO!'

The Theater!  The Theater!  How I love the Theater!

Story comes alive on the stage.  In its own way, story comes to life on the silver screen.  Both stage and screen are art forms.  But one relies on the audience participation and the other is impervious to it.  

Zachary Woolfe writing for the NYTimes, "The Screen Can't Hear You Yell 'Bravo'," laments a recent trend whereby folks attend a televised broadcast of a live opera while seated in a movie theater.  Excerpt.

"In last week’s Arts & Leisure section I wrote about how watching opera in cinematic close-up, with Dolby surround sound, changes the performance in ways large and small. But the most distorted and distorting part of the HD experience comes at the times when a live audience repays a brave performance with enthusiastic applause.

Without fail, some watching the broadcasts shout “bravo” with gusto. But most of the audience doesn’t quite know what to do, caught between the intensity opera elicits and the sobering realization that, well, they are in a movie theater, perhaps thousands of miles from what they want to cheer and even farther from the relationship live performance engenders.

For all the praise HD deserves, and it deserves a great deal, this disconnect is damning. What the audience in a movie theater experiences is not just the opposite of opera. It is the undoing of opera, an art form in which a present, active audience is fundamental.

“Operas in general,” the critic Marcel Prawy wrote, “can only be properly enjoyed when audience, orchestra and stage form a compact community.” Its history is a history of being there: of applause and booing and rapt silence, the symbiosis between performers and audience. An image, in high definition, 3-D or any other permutation, creates only the illusion of intimacy. It is a cooler, more detached art form."

So, too this "compact community" of teller, story, and story listener is what creates the storytelling experience.  Think of a story like a living organism - like wine, perhaps.  As I have taught for years, the teller brings the listener along in a virtual journey so the listener is actually participating in the life of the story.

The same is true when you are arguing your case, giving a presentation or lecture.  You are collaborating with the listener or decision-maker.  The outcome is determined by members of that "compact community." 

TIP:     To better assure your chances of getting the outcome, verdict or decision you desire, know your "compact community," address your story to their concerns, and invite them on the virtual journey to collaborate and resolve problems along with you.

 

 

Shakepeare In Iraq Reminds Us: Themes & Stories Are Universal.

Where were you when you saw "Romeo & Juliet", the 1968 movie?

I imagine one listen brings it back.

What chance that the themes of young love, fighting families and war could find an audience in Iraq?

Tim Arango writing for the NYTimes, "In Iraq, 'Romeo and Juliet' Portryas Montague and Capulet as Shiite and Sunni," reminds us that stories grounded in Truths with a capital "T" are indeed universal.  No matter where you go in this world, who you talk with, the stories you learn - one thing remains consistent: universal Truths apply to all places.  We recognize them.  Yes, this may be Shakespeare's centuries old story, but the audience in Baghdad sees their own story in the timeless one of the doomed lovers.  Excerpt.

"BAGHDAD — It is not poison or a dagger that takes the lives of the young lovers, but a suicide bomb. The Montagues and Capulets are divided not just by family, but also by religious sect. And the dialogue in the Iraqi adaptation of “Romeo and Juliet” is sprinkled with references to Blackwater, Iranians and the American reconstruction effort.

After a recent performance here at the National Theater, where the dramatic arts were once degraded to serve as a dictator’s propaganda, the audience filed out buzzing over the return of serious art to the Iraqi capital. Cloaked as a Shakespearean classic was a lively rendering of their own lives over the past nine years.

“It was about our reality, the killing that happened between the Sunnis and Shias,” said Senan Saadi, a university student who was in the audience."

TIP:    No matter whether you are writing a trial story for a decision-maker, a marketing story for a buying audience, or an inspirational story to motivate listeners, fall back on what you know: the universal Truths we recognize.

 

"Capital Punishment Is Little More Than Revenge."

Mikhail Khodorkovsky writing for the Sunday NYTimes, "Notes From a Russion Penal Colony," relates a story about how one prisoner "refused to cut a deal with his conscience" and thereby helped Khodorkovsky, himself a prisoner in Penal Colony No. 7, Segezha, Russia.

Why is this story important to me?  Because of something a mother told me yesterday.  Apparently, her son is caught between dating two women - but only one does he really care for.  The mother told the son that it was not fair to the other girl and he should break it off if there was no future.  The father told the son, "Everyone dates around with multiple partners - no reason you should be different." 

To whom does the son listen?  That's not for me to say.  I can tell that there might be an answer in Khodorkovsky's essay:

"To cut a deal with one’s conscience — to lie, keep quiet, “not notice,” hiding behind the claim that it’s “for my family.” To convince oneself that “such are the times,” or that “everyone does it.” Who are we really dealing with? How do we find out that the other party — the conscience — refuses to deal? When we find ourselves face to face with disaster? Or later, when we are tallying up our life and become painfully aware that there’s no more dodging the raindrops, that there remain only memories? But by then you can’t change anything."

Along a similar theme - one's conscience - is a movie I watched the other night, Pierrepoint, The Last Hang Man. 

The movie is disturbing in subject matter but made all the more so by the plodding, methodical unfolding of the story.  It mimicks the methodical technique of the executioner.  After watching a few executions the viewer could become almost inured to death by hanging.  I still blinked when the rope snapped.  What saves the story is the hangman's role: he believes what he does is sacred work.  To him, the criminals have "paid the price" with death - the slate is wiped clean.  And he has a hand in that.  This is the power of the story whether or not you agree with his posture, or believe he is hiding behind an artfully crafted excuse to murder.

Who was Albert Pierrpoint?  He was a grocery delivery man whose father was an executioner for England.  Pierrepoint feels a calling to not only follow in his father's footsteps but to become the most efficient executioner England has witnessed.  He realizes that aim only to be reversed in his convictions about the benefits of capital punishment by one of his last hangings.  After 608 executions in 20 years, Pierrepoint writes, "Capital punishment is little more than revenge."

"'If death were a deterrent,' he wrote, 'I might be expected to know. It is I who have faced them at the last, young lads and girls, working men, grandmothers. I have been amazed to see the courage with which they take that walk into the unknown.

'It did not deter them then, and it had not deterred them when they committed what they were convicted for. All the men and women whom I have faced at that final moment convince me that in what I have done I have not prevented a single murder.'"

Which Is The Better Story? History Or Theater? It May Be History.

Wow!  What a story!

Dan Barry writing for the NYTimes, "Read All About It! Kids Vex Titans!", reviews "Newsies the Musical" on Broadway.  It's a great read about a story on stage.  And how facts are not drama. Excerpt.

Naturally, “Newsies the Musical” — which begins previews on March 15 at the Nederlander Theater — has taken liberties with the facts of the Newsboy Strike of 1899, as did “Newsies,” the Movie Flop of 1992 on which it is based. Pulitzer was in Maine, not Manhattan, when the newsboys struck. One of his daughters was not a muckraking reporter who fell for a newsie. And while Theodore Roosevelt was the governor of New York at the time, he had no bully-bully role in the episode.

“But facts are not what drama is,” explained the actor and playwright Harvey Fierstein, who wrote the book, based on the Disney film by Bob Tzudiker and Noni White. “I don’t care that Pulitzer was in Maine.” Mr. Fierstein is right, of course. Having won four Tonys in four separate categories, he has more than a passing knowledge of what works in theater. In the case of “Newsies the Musical,” which had a successful run last year at the Paper Mill Playhouse in Millburn, N.J., he said that he wanted to plumb the historical event for art, entertainment and essential truths, as when these striving children come to a liberating realization: “That they matter.”

But the truth of it is, I find the story of "what brung it all about" to be far more engaging.  It's real life drama.  Yes, facts can be drama.

As posted by Andrew Giddings on September 5, 2010, "Kid Blink and the Newsboys Strike," here's how the newspaper titans grew circulation and wealth:

"In the late 1800s, the two most powerful men in the newspaper industry were Joseph Pulitzer and William Randolph Hearst. The USA was the cultural and commercial centre of the world, and it was through newspapers that Americans watched their country flourish.

New York City was the gateway to this New World; a seething, tumultuous melting pot where people of wealth and poverty, of hundreds of different and languages and cultures, having poured in from the docks, were crammed into the town.

Pulitzer and Hearst simplified the language in their papers and added more pictures, so that they could be read by the foreigners and the uneducated. Tactics such as these saw their sales rise to unprecedented numbers; Pulitzer’s New York World reaching seeing circulation figures of around 360,000. Most of these papers were distributed by ‘newsies’."

Who were the "newsies"? Ragamuffin, homeless, starving kids who bought a bundle of 100 newspapers for 50 cents to resell on the streets for a meager profit. What the kids did not sell worked against them - the titans would not buy back the unsold copies.

The Spanish-American War of 1898 increased the need for news.  And then as today, demand increased prices.  A bundle of papers cost the newsies 60 cents a bundle.  Sure, they probably made a slightly better profit measured in pennies.  But here's the rub: after the war the other papers returned to their pre-war prices.  Not Pulitzer and Hearst.  

"Their greed sparked a week-long strike that destroyed their profits and brought New York City to a standstill.

The Newsboys Strike of 1899  was headed by Kid Blink, an eyepatch-sporting boy in his early teens. “I’m trying to figure how ten cents on a hundred papers can mean more to a millionaire than it does to newsboys, an’ I can’t see it,” he said, “If they can’t spare it, how can we?”

Click here to listen to a podcast about the newsboys strike of 1899.

I love the theater!  But I gotta tell ya: The Newsboys Strike makes one riveting story.

TIPS:

1. When you are faced with a question about how to tell a story in a way that will grab the reader or listener by her lapels remember this: your facts take place in a context that carries emotional meaning when underpinned by a value. 
2. For example, a sketch for the newsies story could sound like this: "Newspaper titans' greed makes another dime off the backs of street kids."
3. It's as simple as what I've been teaching, writing and saying for almost two decades: "Storytelling thrives on imagination.  Images touch the heart and become sensations, sensations trigger memories, memories create meaning and meaning leads to listener action." [Diane F. Wyzga]
4. Start here. 

You, Your Secrets & What Companies Learn About Them.

We think we know all about marketing, branding, advertising.

We say: "I buy just what I need or want, not what someone or something tells me to buy."

Would that it were so. As Ralph Nader says, "You get away from marketing when you are asleep."

Start here if you have not already seen POM Wonderful Presents The Greatest Movie Ever Sold, Oscar-nominated filmmaker Morgan Spurlocks' documentary about branding, advertising, and product placement brought to you by the very folks who do the branding, advertising and product placement.

Or here.

Or here.

Then ask yourself what you buy and how come you buy it.

When you are done talking to yourself, visit a fascinating and in-depth article by Charles Duhigg reporting for the NYTimes, "How Companies Learn Your Secrets."  It's so rich for mining I  don't know where to turn first.

Number 1: we are habit-driven creatures.  The habit works like this: cue + response + reward.  For example, it's Saturday night (cue) and on Saturday night I have fish and chips (response) because it's fun and greasy (reward).  And so it goes until something pretty drastic breaks the habit.  Drastic like a move, a divorce, a marriage or the like.

Raise your hands: who here uses the same dish washing detergent their mom used?  See.

Number 2: companies collect information on customers.  No news here.  But apparently Target is ahead of the game turning demographic collection into a data driven, statistics-based enterprise that makes the most of "the intersection of data and human behavior." 

Number 3: all the demographic information companies collect is meaningless (as we have learned in other areas of practice)

..."without someone to analyze and make sense of it. That’s where Andrew Pole and the dozens of other members of Target’s Guest Marketing Analytics department come in."

The article claims that Target has gone so far in its analysis as to know when a couple is pregnant so they can target (ahem!) the new parents and turn them into loyal customers for years. A Dark Art or admirable enterprise?  

Admittedly, the article will take almost as long to read as it takes to watch The Greatest Movie Ever Sold.  Yet, it sure is worth knowing a bit more about what they know about you so you can decide for yourself who or what is the

Q&A Tuesday: What Makes My Character Or Client Believable?

Q:    What makes my character (or client) believable?

A:    For starters, no one is either all good or all evil. You need a bit of both.

The mistake many folks make when they create a character (or prepare a client for deposition or trial) is they want to err on the side of "my guy is all good and the other guy is all bad."  This sounds like something one would hear in divorce counseling. The truth is, even Darth Vadar and Lucifer started out on the bright side.

Generally speaking we like people like us.  Whether we are conscious of it or not, we relate to characteristics in others which are like those in  people familiar to us. These sense impressions inform the attitudes we have about people - before we even know them. 

In a real world setting like a trial, we want to know if the client comes across in a positive way - or do they turn off the members of the focus group.  What about the client is not believable?  And can this thing be truthfully and accurately corrected so the client is compelling and convincing? 

That does not mean we erase the flaws.  Not at all.  In fact, the case may require the lawyer to embrace the flaws while showing that the event had nothing to do with the flaws.  In the alternative, the flaws may be presented as having some part to play in the event but to a much lesser degree than that of the opposition. 

The key is to steer clear of generalities and stereotypes when preparing your client.  And remember you can't put lipstick on a pig.  Well, you can - but what are you left with? 

 

In the fictional world the same notion applies.  What makes characters endearing is that they have recognizable flaws and virtues.  We may recognize the flaws as belonging to someone else we know - not us.  But we recognize them just the same.  Give us a bit of both angelic and misbehavin'.

I was thinking of this concept while watching re-runs of The Big C, a TV series starring Laura Linney and Oliver Platt.   Linney's character has been diagnosed with cancer and she's trying to have the time of her life while there is life. Platt's character is her self-absorbed husband. But as you allow the characters to develop you come to realize that Linney's character is not all grace and sunshine.  She has a pretty selfish streak.  And Platt's character has a deeply feeling side you would not easily suspect in the beginning.

TIP: Create your characters or develop your client like the well-rounded human beings they are taking advantage of flaws and virtues as befits the situation.

 

 

 

Do You Or Do You Not Scroll The Text When Playing Videotaped Deposition Testimony?

Typically, depositions are now recorded in some mode of videography to preserve the testimony in real time.

Later, during focus group research, mock trials, settlement conferences, mediations and courtroom testimony clips of the witnesses' depositions may be played  for a variety of purposes.  For example, the litigation consultant may wish to test the credibility of a particular witness; the attorney may wish to show some discrepancies in the opposing party's expert opinions; or the trial attorney may use the film in place of a witness who cannot attend trial, to impeach a witness or to further develop the legal story.  Many trial attorneys are familiar with a trial tool called Sanction Litigation Software to make powerful use of deposition testimony.

More often than not in each of these scenarios and others a scrolling text of the testimony appears in sync with the deponent's spoken words. As one who enjoys foreign films I've gotten accustomed to watching the action on the screen while reading the subtitles.  The experience is similar when I attend an opera in its original German or Italian; but the "subtitles" often scroll across the top of the stage.

However, no matter how carefully one watches and listens, the effect is the same: you may end up sacrificing a bit of visual and auditory attention to get the best of both worlds: accurate understanding and interpretation of the story being told.

I raise this so you might ask yourself whether the synced text is a help or a hindrance to advancing the decision-maker's comprehension.  In which situations does it help you tell the legal story and persuade to your point?  How might it hinder you from getting that point across? 

I believe it comes down to the purpose for which you are using the clip of the deposition testimony while keeping in mind decision-makers learn differently.  One might be distracted by the scrolling text while another needs it to clarify what she hears. 

To decide whether to scroll or not to scroll for comprehension, recall what you know about the best PowerPoint presentations.  Or the presentation secrets of Steve Jobs.  Often, more is less (yes, I meant to write it that way.)

TIPS:

1.    Ask yourself what you want the decision-makers to attend to:  Witness credibility?  Veracity of a statement or description?  The certainty of a conclusion versus an opinion?  Relevance?  Consistency of testimony?  Verbal cues?  Non-verbal tics?  Client likability? And the like.

2.    What is the setting?  Focus group research versus mock trial versus mediation, and so on.

3.    What do you want to come away with that will enhance your chance at verdict success?

4.    In focus group research you can do it both ways: play the testimony with and without the sound and synced scrolling text.  You can inquire of the research participants: who noticed what?  some may have attended to the non-verbal cues of the deponent; others may pick up on tone of voice and the emphasis (or not) on certain words.

5.     Once you determine the research or trial strategy then you can employ the tools to accomplish it. 

6.    Think before you scroll.

 

Iraq Vet With PTSD Finds Solace In A Film Role.

Walter Reed National Military Medical Center in Bethesda, Maryland, has seen its share of wounded military men and women.  Many have war-inflicted wounds you can see.  Many others have something not so easily detected: post-traumatic stress disorder. 

Sgt. Matthew Pennington is one such survivor.  James Dao brings his story to clear relief in his reporting for the NYTimes, "Acting Out War's Inner Wounds."

When I read the article I was reminded of the line by pre-eminent writer Zora Neale Hurston that I have embedded in my email signature line and on which I have written: "There is no greater burden than carrying an untold story."  I believe that what Hurston meant is when we share our stories we find we are very much alike.  I don't know whether the sharing or the reflection of our experience in that of another human being is where the burden lightens; but I can tell you that it does.

“We are lonesome animals.  We spend all of our life trying to be less lonesome.  One of our ancient methods is to tell a story begging the Listener to say - and to feel - ‘Yes! that is the way it is, or at least that is the way I feel it.  You are not as alone as you thought.’” [John Steinbeck]

 The story continues:

"For Mr. Pennington, medications seemed to worsen his depression and therapy did not ease his anxiety. He seemed headed for divorce, isolation and perhaps alcoholism. And there his story might have ended, a case study on the intransigence of war’s psychological scars. But it did not end there.

In 2009, an unexpected opportunity landed in his e-mail inbox: a casting call, forwarded by a friend in Nashville, from an undergraduate filmmaker looking for someone to play a combat veteran who had lost a leg, had post-traumatic stress disorder and lived in Maine.

This is my life, Mr. Pennington thought.

So on a lark, Mr. Pennington — whose last appearance on stage was in middle school and who had become nervous in crowds and, indeed, avoided most human contact — decided that fixing his life depended on performing before a camera.

“I thought acting would be so out of the normal that it would force me to deal with things,” he recalled. “I wanted my life back.”

The struggle by wounded veterans like Mr. Pennington to reclaim their lives is the unfolding next chapter in America’s wars in Iraq and Afghanistan. Since 2001, 46,000 American service members have been injured in combat, perhaps a third or more seriously. Those veterans now face years of rehabilitation at a cost of billions of dollars annually.

In the coming weeks, The New York Times will profile a few of those veterans. Their cases say much about the critical importance of high-quality health care and loving families. But as with Mr. Pennington, they also underscore the individuality of recovery, where the most effective therapies are often discovered by the veterans themselves."

I am not writing a happy ending.  That's not for me to write.  If one is written it will be Pennington's doing.  What strikes me is that yet again the story of who we are, where we've come from, what we've seen, how we have persevered will help all of us get home.

You might wish to click here to watch the story in video form.

The First Post Of The New Year Takes Me To Peace & Quiet.

The Little Voice in Your Head

By Heather Havrilesky [NYTimes]

What’s more soothing than a little voice that tells you you’re stressed out whenever you get stressed out? Researchers at Cornell and Dartmouth are developing a smartphone app that will help monitor your stress levels by analyzing your voice. “Increased awareness can help us better cope,” says Tanzeem Choudhury, an associate professor at Cornell. But instead of a nagging voice, the app features “animated wallpaper” of an aquarium with water that changes from “bright and sunny” to “dark and gloomy” depending on the user’s stress level. The next step to killer-app status? When the water is gloomy, block all calls from overbearing in-laws.

I have enough voices in my head - what I need is peace and quiet.  I may be able to find the quiet, but what must I do to find the peace?

I am headed into pre-trial work, the War Room, SJQ's, refining opening statements, aligning the visuals and demonstratives, jury selection, and the like.  Already I feel the need for my blankey.

Some tips:

TIP:    Hie thee to a monastery. As Susan Gregory Thomas reminds us in the NYTimes, there are places to go for a quick shot of peace on a budget.

TIP:     Can't get  away just yet?  Take a quick trip in your mind.  Find a quiet space and breathe counting in one, two and out three, four.  Beathing settles the scagter-shot thoughts so we can find a calm clear channel of eneregy.

TIP:    Meditation is also a proven technique for easing the burdens that weigh us down, lowering blood pressue, calming the nerves, slowing the rapid pace.

TIP:    Remember that there is joy to quiet.  As Pico Iyer reminds us in this NYTimes piece, we get far too much information.  Excerpt.

"The urgency of slowing down — to find the time and space to think — is nothing new, of course, and wiser souls have always reminded us that the more attention we pay to the moment, the less time and energy we have to place it in some larger context. “Distraction is the only thing that consoles us for our miseries,” the French philosopher Blaise Pascal wrote in the 17th century, “and yet it is itself the greatest of our miseries.” He also famously remarked that all of man’s problems come from his inability to sit quietly in a room alone."

TIP:    Peace is harmony.  When it's all [mental, physical, emotional] working together without conflict, one can experience a state of existence that even if only for a moment gives us the courage we need to do what we must.