SOME THOUGHTS ABOUT GOOD COMMUNICATION

SOME THOUGHTS ABOUT GOOD COMMUNICATION

Good clear communication involves a great deal of factors. Here is a refresher of ten primary rules of high-quality communication.

  1. It has been said that the eyes are the windows to a person’s soul. When we like things, our pupils dilate. When we dislike things, our pupils contract. Eye contact is one of the most important parts, if not the most essential, part of communication. In ordinary conversation it’s been determined that we maintain eye contact about 50% of the time while we are speaking and about 80% of the time when we are listening. If we are attempting to dominate the conversation or the individual we maintain eye contact 100% of the time. Jurors determine if we are listening to them on the basis off whether we maintain eye contact with them while they are speaking. We share, during trial, with the jury by involving them with eye contact. We show by eye contact that we are always aware of them and their  involvement in the case. They are made part of our  team through eye contact.
  2. Every person has  zones of social space that have psychological importance. These include public, social and  personal space zones. The space zones vary from culture to culture. Someone in Great Britain probably has a larger zone of privacy than someone in Mediterranean countries. The person from London expects you to stay further away than the Spaniard in our normal conversations.  This zone, in which we allow our closest friends people and those close to us, is up close at 1 to 3 feet.The social zone includes people we shake hands with and are carrying on conversations. It is generally 3 to 4 feet. The public zone for strangers is around 4 feet.This fact is important when considering where to place yourself in relationship to jurors and with respect to witnesses. When first dealing with juries a distance of 10 to 12 feet is probably advisable at least until the jury has become comfortable with you. Putting material on the jury rail and leaning over the jury while talking to them  is obviously offensive unless there are special circumstances which would permit it. On the other  hand, avoid using a  podium in trial if you can because it is a barrier to personal connections. Being conscious of these zones is important in communication.
  3. Image and impression are of great importance in most affairs of life but especially in trials. Trial is a battle of impression and not one of intellect. Small things enter into an impression we create of someone else. For example before the advent of I-iPads and  digital equipment court, I always used a pencil to take notes in the courtroom instead of an expensive pen or even a ballpoint pen. I wanted to show I was an ordinary person like they were. We all know the importance of first impressions. However, first impressions are long-lasting and will influence future perceptions about the individual. As a general rule conservative and professional images should be maintained with neutral clothes with  moderate hairstyles and lack of jewelry.It is not surprising that research shows jurors increased their identification and liking of both client and attorney who project and appealing image to them and vice versa.
  4. Max Lusher was a famous Swiss psychologist who studies involved color psychology and have been employed around the world. He found that each color had the same psychological effect on people generally. Colors had a direct effect on the on the anatomic nervous system. In general dark colors, blue and green,  slow down our heart as well as lower your blood pressure. Lighter colors have the opposite effect. The four primary colors are a basic primitive part of the brain’s evolutionary development. They are important in visual presentations.  Lusher found that the color red promoted activity and excitement. Yellow is the most active, free and liberating color. Blue i calm and orderly activity. Green is a darker calming color  but has more rigidity and less compromise than blue. People who prefer green tend to be independent. Colors have been shown by research to be important in visual presentations. Advertisers and human factors experts know that colors like yellow, black and red when used in signs correctly have a significantly different impact than other colors.
  5. Americans of today are the most visually oriented people in our history. They tend to rely more on what they see rather than what they hear. Since trials are visually  oriented visual aids should be utilized whenever possible. The use of video, PowerPoint, pictures and other visual exhibits are the  essential parts of every trial.
  6. Opening statements for most jurors should be organized around three main issues which you want the jury to remember throughout trial. We know that after 20 minutes memory recall drops significantly. Television has used this fact for years in deciding when to insert commercials during a program. The first 20 to 30 minutes therefore are essential learning periods that should not be wasted.
  7. We have known about the principles of  primacy and recency for years. Primacy means that the facts we hear first will tend to influence our interpretation of future facts. Recency means of facts we hear last are remembered the best. When we organize our case around three key points and talk about them both at the beginning of our opening statement and at the end we have used principles of  good psychology. Referencing them throughout the trial and repeating again and argument satisfies the rule of recency.
  8. Some of the basics of an opening statement are: (1) speak plain English (2) be brief and concise (3) summarize the main ideas  and (4) Under state rather than overstate your case.
  9. Remember that a person’s demeanor typically represents at least 60% of the total message communicated to others. When the verbal message is in conflict with the message given by demeanor credibility is greatly impaired. You must be congruent in both  words and deneanor
  10. If you want to make a favorable impression don’t quarrel with your opponent. The jurors find legal disputes tedious and boring. They tune out and resend. When there is  quarreling between counsel the jury regards it as unprofessional. When opposing counsel objects don’t look at them. When you do you give too much importance to what is being said. Look only at the judge. When you respond do not talk to the other lawyer, only speak to the judge. Make the response professional and not whining.

One thought on “SOME THOUGHTS ABOUT GOOD COMMUNICATION

  1. unfortunately I cannot get by your typos and misspellings – a key to effective communication?

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