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The TRIAL.COM Litigation News Blog TRIAL.COM's blawg of litigation management news, clippings, pointers to news reports and articles, and views of interest on issues and developments in the legal market.

Wednesday, July 30, 2003

Polishing Your Presentations: 10 Rules
Rob Sherman -- ABA Law Practice Management Magazine -- May/June 2003
Why is it that some speakers have the ability to hold an audience in the palm of their hand, while for others public speaking is a painful experience-for them and for their listeners? What makes one person a gifted speaker and the other a dreaded bore?

Why should you be concerned about polishing your speaking abilities? Because to succeed-inside the courtroom or outside of the courtroom-you must have the ability to move others to action and to inspire change. Think about the people at the top of the legal profession and you'll no doubt find excellent presenters. Their success is tied to their ability to persuade-and so is yours. Follow these 10 rules and learn to make presentations with ease and confidence.

1. Recognize that Speaking Is an Acquired Skill
Were your law skills perfected after your first day in practice? Of course not. You continued to gain experience with each case. The more you practiced law, the more you learned. Why then do so many believe that speaking before groups is easy and does not take any additional training or skill development? Just like any other learned skill, becoming an effective presenter takes practice. Effective speakers learn how to present in the same way they learn the skills needed to practice law-they study and practice to perfect their craft. Speaking effectively, whether formally or informally, requires a commitment to learning and the dedication to practice.

2. Adequately Prepare for Each Presentation
Before you begin any presentation, you must know your ultimate goal. Do you want to inform people? Change their attitude? Motivate or inspire them? Whatever your objective, you need to fine-tune it before you say your first word. A good way to do this is to write a clear, short purpose statement that details your objective. Your purpose statement can be as simple as, "As a result of my address, I want audience members to x." Though you may never use those exact words in your speech, they will be the magnets that pull every thought, concept, quote, anecdote or visual illustration into focus. As you organize your presentation, look at every point and subpoint. If it doesn't support your goal, delete it or revise it.

3. Start with a Bang
In any presentation, the first 30 seconds are the make-it or break-it time. Unfortunately, many lawyers begin with a polite, "Thank you very much for your time." Weak beginnings are missed opportunities to capture your listeners' attention and demonstrate that your information will bring them real value. Instead of starting slowly, consider beginning with a provocative statement, a rhetorical question, a surprising fact, an interesting quote, a news headline or a story related to your topic. Humor is also an excellent way to enhance a presentation if it is relevant to your message. Make sure you open with a powerful statement that demands the audience's full attention.

4. Use Your Own Stories
While quotes from great leaders may show that you are well read, they do little to help your audience relate to you.The key to connecting with an audience is to relate to the members personally. Tell stories punctuated by your own experiences. The most powerful stories reveal your human frailties and weaknesses. A personal story helps you connect with an audience and illustrates facts better than any other presentation tool.

5. Use Your Natural Speaking Style
One of the most widely accepted myths of public speaking is that a speaker must take on a different persona while on the platform. When you think of the speakers you most admire, however, you'll find that many of them speak naturally and conversationally. You cannot connect with an audience without authenticity. Adapt your own style to the platform or you will lose the audience.

6. Practice and Practice Again
The more familiar you become with your material, the easier it will flow. The more comfortable you feel with your words, the more naturally you will make your presentation. That's why good presenters practice regularly. Rehearse in front of a mirror and gauge your performance. Practice in front of colleagues and ask for honest feedback. If your presentation involves using visual displays, practice with the equipment you plan to use. All these elements will give you an accurate feel for how the real presentation will go and for how you can improve your overall rating.

7. Use Silence Instead of Filler
We've all sat through a presentation counting the times a presenter has used extraneous filler words, such as "um" or "you know." Eliminate these distracting fillers from your presentations. First, tape yourself giving a presentation. As you review the tape, take note of the number of times you use filler words. At your next practice session, tape yourself and make an effort to eliminate those words from your speech. Do this again and again until you have totally eliminated these annoyances. Strive to replace the filler words with silence. Your audience will appreciate the time to think about what you have to say.

8. Use an Outline, Not a Script
What glues so many lawyers to the written text? Fear. They write out every word of a speech and then cling to it like children clutching a mother's skirt. They are nervous about losing their train of thought or freezing on the platform. Great presenters use keywords to jog their memory. After they write a speech, they make an outline based on the finished product. Finally, they create a keyword outline, choosing the right words that will remind them of the content at each point. These keywords prompt complete thoughts as they speak. When you know your material, a keyword outline is all you need. It only takes a second to glance down, look at the word, and then deliver the material from your heart.

9. Speak with Passion
Powerful, memorable addresses are the result of the speaker's deep passion for the subject. It is virtually impossible to inspire others if you are not personally committed to your topic. Always speak on a subject that excites you. Otherwise, it will be difficult to inspire your audience. An added benefit is that your fears dissipate when you are truly excited about your topic.

10. End as Memorably as You Begin
Most lawyers end presentations with words like "in conclusion" or "finally." These words trigger the off switch in your listeners' minds. Instead, tell your audience a story that relates to your main theme, summarize the points made during the presentation or conclude with a call to action. Make it memorable, just like the beginning.

The best lawyers know that their presentation skills are directly related to their success. Whether you're a seasoned lawyer or fresh out of law school, you'll advance your career faster if you can present your ideas to others effectively.

Rob Sherman (RobSherman@ShermanLeadership.com) is an attorney, speaker and the author of Sherman's 21 Laws of Speaking: How to Inspire Others to Action. Rob founded the Sherman Leadership Group based in Columbus. You can receive free presentation and negotiation tips twice a month by subscribing to Sherman's Executive Communicator at www.ShermanLeadership.com.


Partnership Retreats -- 6 Common Mistakes
Law Practice Management Magazine -- July 29, 2003

Six ways to ensure your next retreat won't be memorable and productive. To make the most of your retreats, avoid the common mistakes outlined below:

Mistake # 1: Attempting to deal with too many topics. Successful retreats focus on one or two issues a day, at the most. Consider breaking your agenda into modules, each with three sections: presentation of best practices, group discussion, and action steps. Then, if possible, link the modules by an overarching theme, such as growth, client satisfaction, associate retention, etc.

Mistake # 2: Overlooking the little things. Consider: Is the location conducive to our needs? Is the retreat a working session or will there be recreation? Are spouses invited? Most important, is there opportunity to get together socially? Remember, activities like golf, cocktails, dinners, and schmoozing by the pool can be just as important to the success of the retreat as its content and achievement of goals.

Mistake # 3: Building the agenda in a vacuum. To assure buy-in and participation, send a questionnaire to all partners that aims to identify the theme and key issues to cover at the retreat. To clarify these objectives at the retreat, remind participants how the agenda was developed and go around the room (if there are no more than 20 participants) or ask for volunteers to define their expectations.

Mistake # 4: Hiring a subject expert or consultant who is inexperienced in law firm retreat management. Remember, it's your retreat. The consultant's role is to set the stage with knowledge, apply his or her expertise to the firm, and then encourage and manage discussion. Successful retreats encourage participation, not lectures.

Mistake # 5: Indulging in information overload. The longer you go, the more likely participants will be to go through the motions, agree with others just for the sake of agreement, and furtively check their watches or cell phones. Key: Break up sessions into manageable segments, or prepare to end the meeting early even if goals are not met and next steps haven't been identified.

Mistake # 6: Leaving partners without a specific plan of action. The best retreats occur when a firm has clearly defined, agreed upon, manageable goals. In the best case scenario, participants should be able to clearly articulate the strategies and change items that were developed at the retreat, their role in the process, and the next steps to take.

Source: Law Practice Management Magazine, published by the ABA Law Practice Management Section (Chicago; 800-285-2221; www.abanet.org/lpms/home)
 

Tuesday, July 29, 2003

Lawyer's Lawyer, Laura Ariane Miller (Nixon Peabody, DC)
Jonathan Groner -- Legal Times -- 06-16-2003

Miller, who has been with the D.C. office of Nixon Peabody and a predecessor firm for 10 years, has represented plenty of lawyers in trouble with bar counsel or a prosecutor's office — often in matters that never become public because no formal actions are taken against her clients.

This specialty developed when she successfully represented Winston Tsai, a Bethesda immigration lawyer, in a four-day trial in 1995. Tsai was indicted on 32 felony counts in federal court in Alexandria, Va., including aiding and abetting marriage fraud and harboring illegal aliens. The indictment stemmed from his representation of seven couples in their attempts to gain permanent U.S. residency.

Miller got nine counts dropped, and a jury acquitted Tsai of the remaining 23.

"Representing lawyers is very interesting and difficult," says Miller, 49. "This was an especially interesting case because what the prosecutor was challenging was the substance of the legal advice that my client was giving."

Miller has had other high-profile cases as well. While working for top defense attorney Plato Cacheris in the early 1990s, she represented David McCloud, chief of staff to then-Sen. Charles Robb (D-Va.) in a highly publicized flap over the secret taping of a phone call by then-Lt. Gov. Douglas Wilder. McCloud ended up pleading guilty to a minor offense.

Miller draws praise for her discretion and behind-the-scenes advice, as well as for her trial skills.

"Laurie's representation has been invaluable. I believe Laurie has preserved my clients' reputation and . . . saved them hundreds of thousands of dollars," says the general counsel of a New York hospital who asked not to be named.

Before going to Yale Law School and clerking for Supreme Court Justice Byron White, Miller was deputy commissioner of the U.S. Administration for Children, Youth, and Families, a major unit in the Department of Health and Human Services. Her next job involved directing the fund raising for the Filene Center at Wolf Trap.

She spent four years learning litigation skills from the legendary Cacheris.

"When a client is in trouble, nothing is more important to them than the matter that they are consulting me about. It could mean their employment, their family relationships," says Miller. "The most important thing is for the client to feel that it is as important to their lawyer as it is to them."
 

Monday, July 28, 2003

GCs Making More Money Than Ever
Companies rewarding top counsel's key role in business with cash, bonuses
Eriq Gardner -- Corporate Counsel -- 07-25-2003

Overall, GC compensation jumped 9 percent in 2002, as the average salary and bonus package passed the $1 million mark for only the second time in the survey's 10-year history (the other was 2000; there was a slight dip in 2001). But stock options -- the enticement that drew big-firm lawyers in house during the bubble years -- plummeted. More hard cash, less cold stock: a formula that's in vogue in boardrooms everywhere.

Related chart:
GC Compensation Survey