Q: What makes the legal story emotionally meaningful to the decision-maker?
A: Tell the client's story - not yours.
Over the course of this year I have written often and much on listening skills. Listening is key to communication and persuasion.
I am often asked where does the client's story begin. It begins the moment she sits with you and says, "This is what happened to me." Our lawerly inclination is to want "Just the facts, ma'am." But this is not Dragnet.
TIP: To connect with the decision-maker we must first connect with our client's narrative, and what makes it emotionally meaningful. Set aside the pen and notepad, and listen mindfully.
TIP: Listen for the emotional cues, the inflection in the spoken words, the emphasis, where the breath pauses, intakes and continues. Your client is revealing the significant emotional moments of what happened to bring her to you.
TIP: When we begin by listening to the emotional moments, we comprehend the context within which the facts that led to the injury took place. Then we can understand the significance of the facts and how they will build the case.
TIP: All cases are not created equal - although they might appear to have the same elements. The justice system is designed to address only the legal elements. But everybody knows that the legal elements came about because of the personal situation of the client.
TIP: Hearing the emotionally meaningful aspects of your client's story allows the skillful lawyer to focus attention on certain key ideas or behaviors which, in turn, will help the decision-maker understand the significance of the behaviors.
TIP: Facts are necessary for shaping the story; however, it is the personal, emotional and conflicting aspects of the case which create compelling stories from those facts and create different stories from the same set of facts.
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