Wyzga On Words

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.

What Decision-Makers Look For From The Lawyer.

A book review holds a good lesson for lawyers. 

Sylvia Brownrigg writing for the NYTimes Book Review, "A Wedding and a Funeral,"  leads with several observations sure to be shared by readers and speech listeners alike. Excerpt.

"A very good book is not only more satisfying, memorable and coherent than its lesser neighbors on the shelves. It’s also more relaxing to read. That wary inhalation as you take in the first lines — Will I believe in these characters? How distracted will I be by implausible dialogue, or forced plotlines? — lasts a page or two and then gives over to a long, slow breath of relief. You don’t have to worry. This writer knows exactly what she’s doing. She won’t let you down."

Lawyers, speakers, politicians, what are the take-aways here?

TIP:    Have you developed believable witnesses or characters?  Do they have fidelity to what we know?

TIP:    Will the listener or decision-maker be distracted by implausible rhetoric?  Plotlines that fail to hang together seamlessly?  Is your trial story or presentation congruent from start to finish?  Or does it unravel like a poorly knit sock?

TIP:     Do you know exactly what you want to convey and to whom so your listeners and decision-makers can relax into the story, go with you on that virtual journey, and "translate images into action"?

Advice To Navy Seals In Training - And For The Rest Of Us.

U.S. Navy SEALs (Sea, Air and Land Team) take on the tasks of war focusing on forward operations and combat support.

What I want to know is: How do they endure the grueling mental and physical workouts that weed one brother from another?  Click here to see some photos of U.S. Navy SEALs in training.

Here's a clue: some advice from Joe Maguire (Deputy Commander U.S. Special Operations in Pacific Command-COMPAC) sent to me on April 24th, 2011 when I was ready to call it quits:

"First, never give in to the pressure of the moment.  Whenever you're hurting just hang in there.  Finish the day.  If you're still feeling bad, think about it long and hard before you quit.

Second, take it one day at a time.  One evolution at a time.  Don't let your thoughts run away with you.  Don't start planning to bail out because you're worried about the future and how much you can take.  Don't look ahead to the pain.  Just get through the task and know success is ahead." 

Yes, I'm a U.S. Navy Nurse; but I'm no SEAL.  I'm no SEAL; but I'm still standing.  Taking it one evolution at a time, I fall down 7 and get up 8.

"Emotional Meaning Leads To Listener Action."

My dear friend, colleague, author, writer, mediator, blogger and story-tracker, Stephanie West Allen, emailed me the link to The Inside Story, an article on the power of narrative by Peter Gruber published in Psychology Today.

Gruber's article is a tidy review of what we storytellers live and breathe.  Excerpt.

"Telling stories is not just the oldest form of entertainment, it's the highest form of consciousness. The need for narrative is embedded deep in our brains. Increasingly, success in the information age demands that we harness the hidden power of stories. Here's what you need to know to tell a killer tale."

I was encouraged to revisit many of the themes I have been writing and speaking about since 1994 when a book of stories fell off a shelf into my hand and said, "Come follow us."  Themes like "virtual journey" which Gruber calls "virtual transportation."  Either way you look at it the notion is a well told story invites the listener inside the story to share the experience. Remember to release them at the end.   

Stories are not fluff - they have become the "cornerstones of our conscience" as lawyers have learned. Pull accurately on the collective community conscience and you are likely to get them on your side of an argument.

This is another oft-told notion:

"The first rule of telling stories is to give the audience—whether it's one business person or a theater full of moviegoers—an emotional experience. The heart is always the first target in telling purposeful stories. Stories must give listeners an emotional experience if they are to ignite a call to action."

As I wrote on bookmark give-aways in 2003:

"Storytelling thrives on imagination.  Images touch the heart and become sensations, sensations trigger memories, memories create meaning and meaning leads to listener action."

Any story must be emotionally meaningful for the listener to care about it. That does not mean the story has to be emotional and fraught with drama.  No.  It must evoke a value or values that the listener identifies with as personal to them and their life experience, their view of how the world turns.  This is especially true of decision-makers, those people you want to give you some action in exchange for the story.

Not all of us are called to be storytellers.  There are three distinct and interwoven parts to any story: the story itself, the teller and the listener.  Listening attends to the images and helps translate the metaphors into "this is like that."  Without the listener there is no story.

If it's true that we read to know we are not alone, I believe we listen to stories for the same reason. 

How Memorable Are Your Words? Or Is It All Charisma And Passion?

On March 23rd I read the following post from The Writer's Almanac with Garrison Keillor:

"It was on this day in 1775 the lawyer Patrick Henry spoke at the Second Virginia Convention in Richmond, a meeting of American colonial leaders that included George Washington and Thomas Jefferson. The four-day assembly turned into a fierce debate about whether or not to raise a militia and arm Virginia in the fight against the British. On the topic, Patrick Henry delivered a famous speech that probably included the line "Give me liberty or give me death!" At least, some people thought he did.

There was a problem with Henry's speeches. They were charismatic and passionate, but afterward, no one could remember what he had said. Thomas Jefferson said of Henry: "When he had spoken in opposition to my opinion, had produced a great effect, and I myself had been highly delighted and moved, I have asked myself when he ceased: 'What the devil has he said?' I could never answer the inquiry."

The speech wasn't written down until 1816, by Henry's biographer, William Wirt. Wirt talked to people who had been present at the speech and had them reconstruct it from their memories."

What struck me were the words of Thomas Jefferson asking, "What the devil has he said?"

Who here has asked the same question after hearing a lawyer, speaker or presenter?  Who here has had the courage to ask it of her own work?

TIP:    To ensure that your listeners and decision-makers are not asking the same question Jefferson posed, make certain that your speech, oral argument, presentation and the like blends content (facts) with context (the set of circumstances that surround a particular event or situation and give meaning to the content):  Content + Context.

TIP:    Support or undergird the "Content + Context" storyline with a value or set of values to create emotional meaning for your listeners.  For example: Rail Train Crash (content) + Engineer Sending Text Messages (Context) + Inattention, Safety, Disregard (Values).  The emotional meaning you deliberately created grounds the story in the listeners' own world view so they remember what you said and, if necessary will act on your words. 

TIP:     Create memorable arguments and presentations (oral and written) by incorporating The Mighty Three Elements I call "Power, Passion and Precision" - weighting each element equally.

What other tips have worked for you to create meaning and action for your listeners and decision-makers?

 

Suiting Up For The Next Generation.

Saturday last saw me all suited up and talking to upwards of 50 folks who came to The Ecology Center to learn about honey bees (Apis mellifera), pure local honey, and becoming a backyard beekeeper or "beek."

Click here to access the link to the Q&A blog with an observation hive video.

The adults posed many questions showing lots of interest and concern about the plight of honeybees (the canary in the mine of our world), Colony Collapse Disorder, how to distinguish real honey from the store bought fake stuff, and so on.  I felt like I was on "Stump the Beekeeper."

But the real excitement, equally insightful questions and "ah ha!" moments were shared by the young people.  There were eight year old farmer wannabes, ten year old girls taking pages of notes with pencil in spiral bound notebooks so they could prepare for a class report, six year old hands held in the air so long to ask a question that first one arm and then the next and then back to the other were raised.   The teenagers were so engaged they did not text during the hour - well, as far as I could see.

I passed around honeycomb taken from the wild when I rescued swarmed colonies, frames of built-out comb used to raise brood and store honey, frames of old comb where bees had died emerging from their cells, and showed off the beek basics I carry around in my beek box.  The young people were ecstatic when I displayed a photo of lavishly drawn designs painted with wild colors on stacks of hive boxes - no bland white boxes for these kids.  Everybody wanted to get into the act setting up a backyard hive.

Some days despite my Aquarian tendencies I can present a pretty cynical face about the future of the planet.  As I posed for the last cell phone picture and packed up my beek gear I knew that just as we "let bees be bees" the same applies to kids: give them some ideas, support and direction; then let them be as they find their way.  

I believe we are going to be just fine. 

Is This Story True?

Q:    Is this story true?

A:    It well may be perceived as such - provided it has two key elements.

As a platform storyteller, focus group moderator, and communications consultant  I am often asked whether a story is true.  To the listener it has the ring of truth; but it may not be literally true if fact-checked.

Does that make it a lie or untrue? Not at all.

Even legal writing may not be precisely and absolutely true once you factor in eye witness testimony, opinion and point of view.

What makes a story "true" to the listener or decision-maker is whether it has two key elements: (1) fidelity, and (2) congruence.

"Fidelity" means that the story must hew closely to the world views, experiences and expectations of the listener or decision-maker.  Another way to say this is that the story is faithful to what we know.  Simple cliched example: Boy meets girl.  Boy loses girl. Boy and girl meet up years later, fall madly in love and live happily ever after.

I am taking liberties but you get the point, right?

Keep in mind the world views, beliefs and expectations of your particular audience of listeners and decision-makers to create stories that have the certain fidelity you need to inform, enlighten or persuade.

A story has "congruence" when it hangs together seamlessly and effortlessly from beginning to end.  When a story is congruent the listener or decision-maker does not have to fight with the structure, values, characters, plot line, format, themes and the like of your story to comprehend its emotional meaning.  You have done that work for them by crafting your particular story with careful attention to the listener's or reader's perspective.

TIP:    Write your stories with fidelity and congruence to create the "ring of truth" that persuades your listener and decision-maker.

Samuarai Lawyer And The Book Of Wind.

Patrick Trudell writing as Zen Lawyer Seattle ([email protected]) posted "Lessons from Musashi - The Book of Wind" on 24 February 2012.  This post was preceded by “Lessons from Musashi-The Book of Water, Lessons from Musashi - The Book of Earth, and Lessons from Musashi - The Book of Fire.

For those of you who followed this blog's posts entitled Samuarai Lawyers (Part 1, Part 2, and Part 3) you know that Eric Wagner, a longtime friend who is also a fellow lawyer and life observer in Canada, commented on the Book of Water post.  Wagner spent a number of years living in Japan and practicing Aikido. 

I asked him for his thoughts on the Book of Wind post.  Why?  Because I am fascinated by the practice of law as between these two lawyers living in adjacent countries.  Things are not so same-same as we might think.  I am curious to know what others think and how they practice.

Excerpts from Zen Lawyer Seattle will appear indented and italicized as befits quoting from a source.  Wagner's comments follow each excerpt.

"In his Fourth Book, The Book of Wind, Musashi concludes by stressing the traits of a warrior. Applied to the trial lawyer these traits are:

Lack of Pretense. The trial lawyer is without pretense. The trial lawyer is engaged in a career long quest to develop his spirit in the proper manner. Musashi’s, Book of Five Rings (Translated by Stephen Kaufman, Hanish 10th Dan) (1994) at 83-84.  His commitment is to his cause rather than to himself. The trial lawyer “does not go around telling everyone he is a great [trial lawyer]. He permits his actions to govern others’ responses.” Id. at 92."

Lack of pretense -- I agree.  Lawyers should not be pretentious. 

"Study Others-Be Yourself. Musashi teaches the importance of understanding the “reasons and philosophies of other systems” to benefit from our own. “Without comparison you have no reference point with which to judge for yourself and decide how to properly develop your own self.” Id. at 84. We should study other trial masters to reinforce our understanding of ourself. In this way we constantly reevaluate ourself.  Remember though to be yourself. When we change our methodology because of others we lose ourself. “Eventually you are going to have to come back to your natural state. So why leave it in the first place?” Id. at 96."

Study others and be yourself -- I agree.  It is especially important to study witnesses and judges so we can understand what they are thinking, despite the masks they may try to erect.  With our own witnesses, we have to realize that no matter what we do interms of preparation, they will "revert to type" after a while.  It is better to go with the "type" from the get go than to fight against it. 

"The Big Picture. Always take the broader view of the situation. “Do not concentrate on details. Keep only one thing in mind: that thing is to beat your enemy. In this way your spirit will continue to grow and you will always be conscious of your surroundings and the situations that appear.” Id. at 95. When we are aware of all possible outcomes we “may not even have to do battle because of superior intelligence based on perception and intuition. It is possible to win a fight without ever having to go into combat.” Id at 93. This occurs when the trial lawyer knows the strengths and weaknesses of her case and is known by the opposition to try her cases."

The big picture -- We get back to my earlier-stated objections to seeing the other lawyer as the enemy.  However, (at least in the context of civil litigation) if we see the conflict between the parties as the enemy, then things improve and we understand the proper way to focus on the situation.  The advice not to focus on details is a recipe for disaster, since that is often where the strengths and weaknesses of a case lie.  Try doing a fraud claim without questioning every detail!  I prefer to say that one should be aware of the details, but do not get bogged down in them so that one is distracted from the main goals.  Try this visual -- the guy running point on a patrol is so concerned with trip wires that he keeps looking at the ground and fails to see the enemy patrol standing in the middle of the trail in front of him!

"Quickness over Speed. Trials are competitions. In any competition rhythm and timing are essential. Musashi recognizes this and stress quickness over speed. “Quickness gets inside of speed and enables you to control the situation… . When you advance, … advance quickly and get immediately to the point. Your speed is dependent on the speed of your [opponent]. … [A]djust yourself  accordingly and do not think in terms of being faster and slower. … [I]f you are constantly moving fast you will have no time to maintain your poise and timing.” Id. at 97. “Always move naturally and calmly… .” Id. at 98. Quickness in trial happens when we focus on the present as in the words and body language of the jury in jury selection and the witness during testimony. Rather then concentrating on prepared notes live in the moment of the trial."

 Quickness over speed -- Again, I agree.  However, we should add to this what one of my sensei said.  "To be fast, go slow."  By this, he meant to take the time to do things perfectly and in a smooth, fluid manner rather than rushing around and doing things that need to be corrected.

 

"Trial Lawyer as Warrior. In today’s legal climate the Jerry Spence metaphor of the trial lawyer as a warrior is apropos. Insurance companies rely on lawyers unwilling to try their cases. Insurance companies base low offers on this reliance. In Musashi’s time it took a warrior to get justice for the weak. In today’s economic climate it takes a lawyer willing to file his case and prosecute it through a jury trial to get justice for the injured. When the insurance company sees such a lawyer they often pay fair value “because they would prefer to fight someone else.”

Comments on insurance lawyers -- As a defence lawyer, I must say that I have almost never been given unreasonable instructions.  If anything, the insurers have been willing to pay what I feel are dubious claims when the cost of defending them is too high.  We do take the personalities of plaintiff counsel into consideration, but I have never backed off of a trial because of who was on the other side.  I have backed off of settlement, though, when counsel is known for advancing untenable positions.  I have worked hard to build a reputation as someone who is always thoroughly prepared and who does not take "wing and a prayer" positions.  If I say or do something, it is because I believe in it.  My offers are not unreasonably low or unreasonably high, since such offers serve only to inflame the situation.  When I encounter counsel who are similarly minded, we have in virtually every case been able to reach a negotiated resolution. 

What do you think?

How do you practice?

What do you want others to know about the way in which you practice?