Performance Skills for Attorneys

An actor preparing for a performance faces many questions:  “Will I remember my lines?”  “What do I do with my nervous energy?”  “How can I successfully persuade my audience?”

There are many times when an attorney is called upon to give a performance – a speech to an audience, a presentation to a potential client, or an argument before a judge and jury.  Whereas professional actors are specifically trained in every aspect of performance – physical, mental emotional and psychological – most attorneys are not.

At the April 8 LMA Rocky Mountain Chapter meeting, two professionally trained actors – Leonard Matheo and Lisa DeCaro – brought their acting and teaching skills to the group as they discussed “Performance Skills for Attorneys.”  Matheo and DeCaro, are principals of Courtroom Performance Inc., headquartered in Evergreen, Colorado, and have spoken on this subject (as well as trial preparation) to attorneys in a wide range of venues around the country. For more information, see http://www.courtroomperformance.com/.          

“Most speakers set out to be the most interesting person in the room,” said Matheo, “and this is where they make their biggest mistake.  That is an ego-centric approach.  A speaker should strive to be the most interested person in the room, not the most interesting.  In other words, you need to have a listener-centric approach.  You must consistently acknowledge the values and interests of the listener, and consistently indicate that you want the result that is best for them.  That is the most important lesson we can leave with you today.”

In fact, this approach is one of the best ways to overcome nervousness.  “If it is all about you, as the presenter, it is hard to avoid butterflies,” said Matheo.  “But once you switch the emphasis to the listeners, and how you can best help them, then nervousness tends to fade away.”

Know your audience.  If you are going to give your listeners something of value – whether they are an audience at a speech, a panel of decision-makers at a “beauty contest,” or a judge or jury in the courtroom – you need to know what it is that they value.  “Do your research ahead of time,” said DeCaro.  “Age, gender, ethnicity, education, reason for attending – all of these should be ascertained ahead of time.  Make sure that your listeners leave the room with what they wanted to know, rather than what you wanted to tell them.”

In the case of a speech, for example, the sponsoring organization should be able to provide background information, and additional information can be gathered by asking pertinent questions of the audience at the start of a presentation.  In the case of a beauty contest, the individuals sent to represent the firm should – as much as possible -- “mirror” the people who will be doing the interview; they should spend much more time ascertaining the client’s needs than they spend talking about their own capabilities.

Connect.  A speaker has only a few minutes to “connect” with the listeners, to build the relationship of trust that is the foundation of the persuasive process.  “Eye contact is absolutely essential to this process,” said DeCaro.  “The lack of eye contact is the most common problem we see.  So many public speakers simply scan the audience or look over the heads of the audience.  They never stop to make eye contact.”

Luckily, this is one of the easiest problems to fix.  “It helps to think of a presentation as a discussion between the speaker and a series of individuals,” said Matheo.  “Make eye contact with an individual, pause, speak until you reach a logical break, let what you just said sink in, and then move on to someone else and repeat the process for your next point.  This is a very natural way to speak and demonstrates honesty and credibility.”

Listen.  Silence is golden.  “Many speakers are pretty hyped up to be in front of an audience and speak much faster than they normally would,” said DeCaro.  “There is also the misperception that the best thing to do when you sense that the audience is losing interest is talk even faster.  In fact, actors know that silence is often the best way to reconnect when you lose audience attention.  If you lose the connection, stop, collect your thoughts, reconnect and then proceed.”  Asking for questions is also a good technique to break the pace.

Breathe.  When speaking in front of a group, many people forget to breathe properly.  “Breathing is the actor’s great secret,” said Matheo.  Correct breathing should not come from high in the chest, where it makes the speaker’s voice seem pinched and shrill, but should come from the diaphragm.  “Have your attorneys practice their presentations while concentrating on deep breathing, so it will feel more natural on the podium,” said Matheo.  “Also, ask them to speak at a volume that is uncomfortably loud to them.  This should be ‘just right’ in public.”

Body language.  Unless courtroom regulations require otherwise, a speaker should never stand behind a lectern.  “Use the lectern for your water and your notes,” said DeCaro, “but don’t let it be a ‘wall’ between you and your audience.  It often helps to memorize the first 15 minutes of a presentation so that you do not need your notes and can focus this important time on creating a relationship with your listeners.  They will forgive almost anything you do later if they like you in the first 15 minutes.”  Public speakers should also place their weight on the balls of their feet when standing, and perch forward on the edge of their seats when sitting.

Finally, Matheo and DeCaro emphasized the importance of leaving the audience with a hand-out that complements the presentation subject, but does not duplicate it.  “The audience should feel that they have received something extra, for free, as they walk out the door,” said Matheo.