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Five Persuasion Secrets of Slick Trial Attorneys

  • The Find: Trial lawyers may be the much-maligned butt of endless jokes, but to convince juries to acquit their clients they need skills of persuasion that every manager could use â€" here are five of their secrets.
  • The Source: Trial attorney Brian Clark writing on the blog Copyblogger.
The Takeaway: Convincing a random group of strangers with no particular legal training to go along with their thinking on complex issues is trial attorneys' bread and butter. Sure, it may be a dark art in some people's eyes, but it certainly is a useful one â€" and not just in the courtroom. Managers looking to sell their boss on a project, a client on a product, or their team on their vision and strategy could use a little bit of the silver-tongued trial lawyer's mojo. Luckily, one is willing to share the tricks of the trade.
On Copyblogger this week, a veteran of complex commercial litigation offers five tips on how to boil down the driest issues and present them in a compelling way to even "shoe salesmen and janitors," as he describes the juries he's faced. Certainly then, they'll work on your colleagues. His tips are aimed at copywriters targeting buyers, but could apply equally well to selling within your organization. His basic premise: "in an attention-starved world... your message must be designed to slip into the mind of your prospect as effortlessly as possible." We'll assume your idea or product has substance. Clark wants to help with the style of your presentation.
  1. Spot the Issues - The first year of law school is designed to change the way you think. It's an exercise in training the mind to be able to spot the legal issues in any given fact pattern.... do the same, but it's called identifying compelling benefits and likely objections. The biggest way to fail... is to fail to understand the issues that matter to the prospective buyer, so start spotting the issues first.
  2. Use Short Words - A smart trial attorney knows that a short word is always better than a longer word with the same meaning... Short words are not only easy to understand, they also effortlessly pack more emotional power without giving the appearance that you're "trying too hard" to persuade.
  3. Use Common Expressions - Most people won't be impressed with your unique vocabulary. They'll be much more impressed that you're "one of them." Use the expressions, colloquialisms, and even slang that the people you're trying to persuade use, and you'll communicate more effectively.
  4. Use Lyrical Language - You don't have to resort to ridiculous rhymes like Johnnie Cochran, but language with rhythm and flow is pleasing and easy for the brain to digest. When choosing your words, be sensitive to opportunities for alliteration, repetition, and even subtle rhyming.
  5. Paint the Right Picture - Great trial attorneys understand that words are simply symbols that trigger mental imagery, and that's why the right words make all the difference. Make sure you're not inadvertently painting a negative picture in the prospect's mind with your metaphors and word choice, or you'll see your argument fall apart fast.
The Question: Veteran persuaders: do Clark's tips mesh with your own experiences and what other tips would you add to his list?

(Image of cheesy lawyer by massless, CC 2.0)

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