Mentalism Tutorial
Mental Mining
Without question, the process of preparing a strong case requires cognitive skills – investigating, analyzing and facts in a legal framework and skills develop a case "history" and the argument that before a jury. These are skills that lawyers learn in school and improve the law for years of practice.
But even as you are aware investigate, identify and analyze the facts, another, equally important process that is happening in your subconscious. There, his mind is to find ways to deal with all the new facts that you are flooded. The subconscious does this by the presentation of the facts in a history and comparison of this story to other stories you know.
To take this organization subconscious We help our customers to do "mental mining", defined as a conscious effort to leave, to light and examine the subconscious understanding of a topic (Thus, if any). During this process, attorneys are able to take a step back, think of your case and find the deep themes that resonate with a jury. Lawyers also find everyday analogies, metaphors and other narrative devices to more accurately communicate the issues to a jury.
As you are no doubt aware, as lawyers prepare their cases, often end up running around the small fire. In their haste to take care of these small fire many overlook the essence of his case – the themes that will resonate more deeply with the members of the jury.
Too often, lawyers can not see the forest for the trees. And if lawyers do not see the forest, the jurors did not either.
Mining is essentially Mental a two-step process. The first step involves telling the story of your case. This is harder than you think. First, you have to tell the story of their case and once an attorney has been living with a subject and its many details of a matter of months – or years – it's easy to lose sight of the main issues involved. In fact, when I ask the lawyers to tell the story of your case, usually beginning by the deeds of sale, or pulling some documents or talk about the nature contract law and so on.
That's not what I'm looking for.
So in this situation, I stop customer and politely ask for a new beginning, but this time with a true story. This can be difficult, since many lawyers who fancy themselves writers know While a good story when they see it. But most lawyers bravely start and stop and start again several times, as they struggle to find a coherent story. While they do, metaphors, analogies and sayings that explain every day deep in the case – and that includes all the jurors – will begin to flow, too.
Is it appropriate for a car company that would not allow a company uses toy replicas of pieces of their cars in children's toys? Scrooge The word may finally come to his narrative. Does your case involve a broker who defrauded thousands of citizens age of their retirement funds? You could end up referring to Little Red Riding Hood's grandmother – and the Big Bad Wolf.
Being able to tell a simple story on appropriate human usually occurs: a better understanding of what is really in dispute (the case "item"); a better understanding of what motivated the key player (s) (the "motive"); analogies, expressions, and metaphors that jurors understand (communication devices), and a list of areas in which the history is unclear and requires further work (their "trouble spots").
In one case, worked on several years ago, the SEC was prosecuting a company for an accounting fraud at that time was the largest financial scandal in U.S. history corporate. (Enron finally won its way to a new record.) The CFO of the company has been accused of falsifying accounts, while participating in a fraud totaling U.S. $ 1.7 billion million. It was a complicated story of corruption and accountability and our clients, of course, was focusing on GAAP and GAAS accounting standards while fighting with his narrative. But as he listened to our conversation lawyer, knew that although accounting rules were important, did not provide the emotional hook to engage actually members of the jury.
However, as the lawyer said his side of the case, another kind of history, which began to emerge, which did not acronyms and not abstract laws. "The CFO in this case basically had two sets of financial records," our lawyer said. "He kept a set on your laptop. He kept the other in a CD enclosed in your closet. And not have to tell you that establish whether the exact number. Sure wish I could say that the jury. "
"So why not?" He said. And that was the beginning of a subject case and the story that included some very simple, very human explanation of what the CFO had done wrong. Of course, I finally had to show the jury on GAAP, GAAS and the difference between good (adequate) accounting and bad (fraudulent) accounting. But to start, told us a story that everyone could understand and relate.
A key component for mental mining session is a good listener. This is not any person of your family or the office that is willing to sit in a room with you and hear you stumble through your narrative. Instead, the listener needs to have very specific skills critical listening. This listener should not know already about your case. Y he or she must be able to listen attentively while the history stops when you stop making sense, monitor their language of metaphors, images visual, and analogies that emerge organically in the process of storytelling, while control of your own mind to the images coming out there (and quickly registration).
For example, in the case of accounting fraud, which is necessary to describe how the general director arcane accounting rules used to that the increase in value of an asset the more it's over. This seemed a bit dry. But as we heard the story, we had a mental image of a scam that cookie cookie a cost of 50 cents, but half of a cookie is $ 1. We have created a chart showing test this pricing structure (absurd). And this image, along with a number of other tutorials and graphics helped the jury find the general manager responsible for all 60 of the violations with which he had been charged – a victory for the SEC.
There is a more passive mental mining is also crucial for the preparation of the case – it reflects. It is not obsessing over the details, deadlines and the process of discovery. On the other hand, is a process of letting your mind ruminate more passively in his case during the course of their daily lives – And then wait for inspiration to strike. It is possible to reach a better simile appropriate ("This guy was as a salesman for the old snake oil.") You can come up with the issue of cases (eg, greed, envy or sheer negligence.) You may even hit an archetype (eg, the hero, the marginalized, crossed lovers). Sometimes the best inspirations come when your mind is not struggling to understand the details, but when allowed to circulate freely. The mining process mental, in other words, it happens all the time. Just be aware of what's coming and have a pen and paper nearby so it can record the best of it.
In fact, Thomas Edison is reported to be observed that all had great ideas while taking a bath. According to Edison, the only difference between him and everyone else was that when he left the bathroom with a great idea, he did something about it. You should, too.
In the best of worlds, which will make mental mining periodically as you develop your case. This is because the new material comes in, or closer to perfect their analysis reveal subconscious more and more material. But if you can not do it several times in the course of your case, try to at least do it before the discovery. This allows you to develop ideas and questions about your case (which will influence the course of his discovery leads).
More importantly, do not be rushed. The creative process takes time. As such, it is also important to remember the credo that any idea is acceptable. That is, both the lawyer and the critical listener need to be able to miss anything that comes to mind – because what is present can be constructive. Images can be sifted through later, but during the session, it is important to discuss any thing.
Finally, make your mental mining in a quiet room, or even offsite. Ask your staff to stop. Turn off all electronic devices. Give your conscious mind a break from the details so that the deeper material has the opportunity to emerge.
About the Author
Chris is a Member and Case Manager at The Focal Point, a company that develops trial strategies and courtroom presentations for trial lawyers throughout the United States. The company’s expertise is in making all forms of courtroom presentations more persuasive by making cases easier for judges and jurors to understand.
Prior to joining The Focal Point in 1998, Chris served as a partner at a major San Francisco law firm where he tried cases in both State and Federal courts. For 12 years he was a faculty member at University of California Hastings School of Law, where he taught trial practice, evidence, and legal writing.
He has taught for the National Institute of Trial Advocacy, Law Seminars International and for California’s Continuing Education of the Bar, which published “Packaging and Presenting Your Case To Win,” a collaboration with Andrew Spingler. Chris is the author of “Creating Winning Trial Strategies and Graphics,” published by the American Bar Association. The book illustrates how the process of creating trial graphics can simplify cases, develop important themes, and otherwise make trial presentations more persuasive. He is a graduate of the University of Chicago Law School and an active member of The State Bar of California.
Considered an expert on trial communications strategy, Chris frequently speaks at seminars, and gives speeches and workshops across the country. He consistently receives rave reviews from his audiences for his engaging style and the quality of information he provides.
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