Teddy Snyder | You have a lot of ways to tell the story of your case, but are you doing it in the most effective way?
The post The Best Lawyers Tell Good Stories: How to Punch Up Your Narrative appeared first on Articles, Tips and Tech for Law Firms and Lawyers.
Humans have always wanted to communicate their stories. Some of the earliest are seen in cave drawings. Homer’s works were preserved by generations orally retelling his stories. Medieval and Renaissance cathedral art instructed religion to the illiterate. You have a lot of ways to tell the story of your case, but are you doing it in the most effective way?
Beginning, Middle, End?
Presenting events chronologically is often the easiest way to organize your arguments, but may not be the most effective. Think about a drama or a novel where a major event happens right at the start. The plot then moves back and forth through flashbacks. We want to know what happened to cause these things to happen and, if there was wrongdoing, how the hero (that’s you) will rectify the situation.
“This case is about …” is an effective way to start your story that focuses attention on where you think it should be — not on extraneous information.
Get To The Point has previously preached about the importance of not burying the lede. Lede is a journalism term for the beginning of a story. (This spelling was developed to distinguish a lede from a lead, the leaden metal strip used to separate lines of type in a Linotype typesetting machine.)
Yes, you need to present a coherent history of what has already happened. The next step might be to describe what could go wrong in the future. I recently had to argue against the use of a general release rather than a specific release by imagining all the things that could go wrong and that the releasor needed to be protected from.
Finally, you need a call to action. Given the past and the possible future, what should be done now?
Creating Powerful Stories
Like pretty much everything else lawyers do, preparation is key. Even when it appears that the most skilled lawyers are winging it, they are able to present their story effectively and handle surprises because they studied everything they needed to know well in advance.
Who is your audience? The way to present your story to a jury or a general audience is very different from an argument in front of an appellate court. Consider your vocabulary. Certain legal terms are a shorthand way to tell other lawyers what is going on but are only going to confuse other audiences. For example, what’s a “suit in chancery” anyway — and what difference does it make? If a technical term is important to your narrative, figure out how to explain it in plain English.
Humanize your clients. Even if you are representing a company, figure out how to make that client sympathetic. That might mean emphasizing named employees’ earnest efforts to create a beneficial situation rather than one that went awry. It might mean talking about the client’s customers. Provide context to make your audience want your client to succeed. That could even be opposing counsel.
Believe in your own narrative. Particularly in oral presentations, your voice and body language can come across as disinterested or unconvincing. Don’t get carried away, but it’s OK to display emotion while remaining professional.
Ways to Learn to Tell Good Stories
Lawyers read a lot. The next time you read an opinion or brief, pay attention to the style as well as the substance. Is the writing clear? Do you have to double back to another part of the document to understand the writer’s point? That shows things were not presented logically or properly tied up. Is the writing pithy or is there a lot of surplusage to wade through? How would you edit to make the writing better? Ruthlessly and repeatedly edit your own work.
Check with other lawyers in your firm to see when they will be arguing a dispositive motion or presenting an opening statement or closing argument so you can observe. Stop into a courtroom to see how other lawyers present their cases. You might discover the best opportunities for observation by chatting with a courtroom clerk when nothing is going on in the courtroom. Ask when opening statements or closing arguments are likely to actually happen.
Conference speeches and marketing presentations are part of successful lawyers’ repertoires. Check out some TED talks on YouTube. What is compelling about these speakers? Some recommendations for lawyers mention Toastmasters for public speaking opportunities. I have always found these meetings too amateur for lawyers.
Can you tell a joke? A good joke is a mini-story. If you can make people laugh while you are out with a group or at a conference cocktail party, you are practicing your storytelling skills.
Part of your preparation is having others review your work. Ask a colleague to look over your writing before you submit it. Practice an oral presentation in front of someone else, maybe your significant other, if they will put up with it.
You might be your own harshest critic. Record yourself. Did you like what you saw and heard? Did you tell a good story?
Related: “Don’t Just Show, Prove: How Lawyers Can Use Video to Tell a Story“
More Writing Tips
Find more good ideas for improving your legal writing and communications skills in “Get to the Point” by Teddy Snyder.
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