The disastrous performance of President Biden during the recent national debate clearly indicated the wrong way to prepare and deliver a legal presentation or a public one. The most fundamental truth about the quality of such presentations is the extreme importance of impression in comparison to content. Ask yourself: “Is the uniform criticism of his presentation about the words he used or what he said?” Few remember the specifics of what he said. But, everyone remembers the impression they had about how he said it. The words do not cancel out in our minds the overall impression of the competency and trustworthiness of the person saying it. Our non verbal communication and the overall impression we make while saying something of significance is as important as what we say.

I have taught lawyers for many years that jury trials are battles of impression and not logic. People make decisions on the basis of impression and emotion, not logical analysis. We know that science has established human beings size each other up quickly. In general first impressions occurred in just seven seconds of seeing or meeting someone. It is significant that once we have an initial impression of someone it is difficult to change that opinion

We also know that appearing calm and confident demonstrates intelligence.  Studies show that people who are rapid in their speech or reaction to events are seen as less intelligent. In preparing for a talk, concentrate on your pace of speaking and your calmness. Remember of the power of pausing. and voice inflection to avoid a monotone delivery. Biden spoke entirely too fast and Trump’s measured rate of speech made Biden’s rapid monotone even worse. It created a bad impression of lack of sincerity and was hard to follow.  He had no voice inflection or emphasis. He spoke in a flat unemotional monotone like someone reciting as memorized.

If you are having a physical issue like a voice problem, acknowledge it as soon as possible. Biden clearly had a voice issue which helped give an impression of fraility. The Biden campaign after the debate said the president had a cold to explain why he sounded so hoarse and weak. It’s obvious that everyone listening and watching would note this problem as soon he opened his mouth to speak and would instantly ask themselves: “I wonder what’s wrong with him?” Rather than have people be distracted by the issue and speculate about it,instead of listening to his answers,  he should have been told to simply say something like: “I’m sorry for my voice, but I’m recovering from a cold” and put an end to listener’s mental distraction.

Many legal motions and arguments have imposed time limits delivery. Therefore, the contents of what is said has to be limited to the essentials so you avoid having to rush to get all of it said in the time allowed. President Biden gave the impression of having a rehearsed response to issues and questions raised. As a result, he spoke rapidly in an apparent effort to say what he had rehearsed. There was no spontaneity or feeling behind Biden’s responses. It was just a hurried effort to remember the learned response and repeat it in the time allowed. As a result, it made his problem of momentarily forgetfulness, acting confused, and stopping to correct himself a lot worse.

Biden’s pale demeanor contrasted with Trumps artificial tanning also created a wrong impression as did Biden’s default expression of a slacked jaw open mouth. Simple things like having haircut, color to your face and how you stand are a big part of the impression we make.

Biden’s reaction to the media’s documentation of the frequent lying and misreputations by Mr Trump was was one of looking shocked and and confused.That’s not the reaction one should have to an opponents falsehoods. Biden’s response was to simply call Trump a liar and say was he said was a lie. But, he did not show the lie with examples or citing facts or quoting Trump’s past inconsistent statements. Without documenting the falsity with specifics, the impression  Biden created was that of one school child calling another child: “Liar, liar,l pants on fire.” Be prepared to expose a misrepresentation or falsity with documentation or it is just your word against the other persons word.

Jury Consultant Dr. Ken Broda-Bahm in an article “Learn from Joe Biden’s Debate Destruction: 5 Nonverbal Don’ts” outlined additional important facts about this subject. His five points were: 1.Don’t Keep Your Eyes Down 2. Don’t Offer a Blank Expression 3. Don’t Look Worried or Wounded 4. Don’t Communicate Effort and 5. Don’t be Stiff. The key points Dr. Broda-Bahm makes in these regards are:

“The most frequent contrast while Trump was speaking was the view of Biden highlighting the top of his head as he simply gazed down at his blank lectern surface.  When Biden did look up, he often wore a blank expression, striking many as unfocused, passive, and tuned out. While close attention to what he was saying most often showed that he did have a relevant point to make as well as facts to back it up, visually he struck many as being disengaged, or even not all there. The nonverbal response to that should convey engagement and quiet confidence, not defeat. Biden, in contrast, frequently furrowed his brows as he painstakingly searched for right term, fact, or figure, often correcting himself along the way.Confidence is conveyed when an advocate can show a relaxed posture, some natural dynamism, and gestures.”

There are many lessons for advocates from this debate about the enormous importance of impression in our advocacy. Learn from this public illustration of that fact.