Wyzga On Words

Draw To Reveal The Story.

Who here doodles?

When we draw we are using a basic visual tool to help make sense of complex concepts, thoughts or ideas.  Drawing can help clarify and articulate our visions to ourselves as well as others in a conversation, presentation, meeting or trial.

I often use Post-It flip charts and Magic Markers when working with clients or audiences.  Drawing provides insight and problem-solving in a myriad of ways that mere conversation or brainstorming simply cannot accomplish as effectively.

Perhaps it's true that seeing is believing.

To see for yourself, visit Legal Sketchpad:

"BUSINESS SKETCHING FOR LEGAL CONFERENCES, STRATEGIC PLANNING MEETINGS AND TRAINING.

Legal Sketchpad promotes the use of basic visual tools in legal communication. As direct as possible, as low tech as possible."

I have no dog in this fight.  I am just pleased to help spread the word that PowerPoint is not the only game in town. 

TIP:    Fall back on what came naturally to you when a box of Crayola 64 helped unleash your imagination and creativity.

What Do I Mean When I Say "Power, Passion & Precision"?

 

Power.

            Passion.

                            Precision.

For decades now I have repeated my "3P Mantra" when speaking and teaching communication skills, story skills, and platform skills.  I use the "3P Mantra" on my office voice mail.

Power means coaching yourself to practice like you play.  The team plays to win.  The team practices to win.  You play to win - so practice like you play - with power.   A coach at my gym was training a member to get ready for her first tri-athlon.  It was the coach who kept reminding the trainee that she was getting ready for a race, a competition, to beat other people - not just taking a bike ride or a swim.  She took the advice and came in 4th in her class.

Passion means having life.  Does your case story come alive?  Or are you putting lipstick on a corpse?  Do you have a sense of affection for your work, for your client, for this case?  When my clients express exhaustion I always ask them, "For what do you have affection?  How do we marshall that for the task at hand?"

Precision means that state of being exact.  To be exact you must consider all the ways to get it right. To get it right you must develop the right story, right facts, right issues, right language, and right mindset. It can't be wrong when it's right.

Power.

            Passion.

                            Precision.

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.

 

 

Q&A Tuesday: Moot Court, Written Briefs & Oral Argument.

Q:    If written briefs pull the laboring oar in the judges' decision-making, what's the point of oral argument?

A:     To serve as a sounding board for the judges.

Time out of mind I argued the final rounds of Moot Court Competition in front of then sitting chief justices of state supreme courts.

One by one each member of the panel gave the winner (me) and the runner-up (the other guy) their evaluations and suggestions for our future practice.  This one I took careful note of: "In oral argument, do not evade a judge's questions.  The court is asking you questions so it can learn and understand your position.  Participate.  Give the court your best answer."

Imagine my surprise to read similar advice from the United States Supreme Court.  Adam Liptak writing for the NYTimes, "Are Oral Arguments Worth Arguing About?" informs us that the nature of oral argument is to involve the lawyers in the debate.  Excerpt.

"In an interview with Bryan A. Garner published in 2010 in The Scribes Journal of Legal Writing, Justice Clarence Thomas was asked how often he changed his mind thanks to oral arguments.

“Almost never,” he said, adding that they may make a difference for his colleagues “in 5 or 10 percent of the cases, maybe, and I’m being generous there.”

That is as it should be, said Mr. Estrada, who has argued 20 cases before the Supreme Court.

“Somewhat refreshingly to our citizens,” he said, “the administration of justice has to do with the merits of the case and not entirely to do with the skill of the advocates.”

Chief Justice John G. Roberts Jr., who argued 39 cases in the Supreme Court before joining it, told students at Columbia Law School in 2008 that lawyers play a relatively minor role in that highly stylized discourse.

“Quite often the judges are debating among themselves and just using the lawyers as a backboard,” he said. “One of the real challenges for lawyers is to get involved in that debate.”

Oral arguments are in any event far less important than the written briefs.

“Of the two components of the presentation of a case, the brief is ever so much more important,” Justice Ruth Bader Ginsburg told Mr. Garner. “It’s what we start with; it’s what we go back to.”"

TIP:    Write your best brief.  Give your best oral argument.  Answer the court's questions with a "clear, concise and cogent" reply.  Participate in the debate.

 

 

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.

 

Anne Lamott Has Words For Writers & Lawyers.

I am a card-carrying member of the Anne Lamott fan club.

No question about it.

I have been insanely intimate with her books: Traveling Mercies, Bird By Bird, Plan B, and Rosie, among others.  The margins are filled with notes, the words are underlined and re-underlined.  I, like so many others, are convinced that Lamott wrote a particular book just for the reader. 

Something Lamott said rings true for all writers, and especially for lawyers who write their opening statement or closing argument but so rarely read what they've written aloud.  There's a big difference hearing with the ear:

"Nothing can break the mood of a piece of writing like bad dialogue. My students are miserable when they are reading an otherwise terrific story to the class and then hit a patch of dialogue that is so purple and expositional that it reads like something from a childhood play by the Gabor sisters. ... I can see the surprise on my students' faces, because the dialogue looked okay on paper, yet now it sounds as if it were poorly translated from their native Hindi."

TIP:     Any time you have something to say aloud, speak out loud what you've written to hear how it sounds before you have to stand and deliver your words to the decision-maker or listener.

A Plethora Of Story Influences.

I am delighted to have been invited to join Kathy Hansen's blog, A Storied Career!

Just in case you missed us, over the next several days I'll be re-posting the interview she conducted with me and began publishing on April 9th.

Click here for Question #5.

 

Lawyers are Suspicious of Stories That Do Not Come Packaged in Structures.

I am delighted to have been invited to join Kathy Hansen's blog, A Storied Career!

Just in case you missed us, over the next several days I'll be re-posting the interview she conducted with me and began publishing on April 9th.

Click here for the 3rd post.

Nurses Hold the Space for Patients, Families to Tell Their Stories.

I am delighted to have been invited to join Kathy Hansen's blog, A Storied Career!

Just in case you missed us, over the next several days I'll be re-posting the interview she conducted with me and began publishing on April 9th.

Here's the second post

Content + Context + Value = Emotionally Meaningful Story.

I am delighted to have been invited to join Kathy Hansen's blog, A Storied Career!

Just in case you missed us, over the next several days I'll be re-posting the interview she conducted with me and began publishing on April 9th.

Here's the first post:

Content + Context + Value = Emotionally Meaningful Story.