Winston Churchill’s parliamentary talks and his speeches, as Prime Minister of the United Kingdom during the Second World War, are still considered masterful today. He was a gifted orator whose speeches inspired the United Kingdom to continue to resist the German war conduct against London and the UK. What is unusual about his reputation as a great speaker is that he was not a natural orator at all. His voice was raspy. His occasional stammer and a lisp sometimes marred his speeches. Nor was his appearance particularly commanding. A snub nose and a jutting lower lip invited political cartoons that made him look like a bulldog. He was short, overweight, and he also was stoop-shouldered. Yet, his ability to give moving speeches and inspire action is unequaled. However, his skill of speaking was not a natural gift but one that he had had to learn. Early in his political career, he was making a speech before the House of Commons. All had gone well until he came to a point in his speech, which he had memorized, and couldn’t remember what he wanted to say. For long agonizing moments, he tried but couldn’t retrieve it. He sat down disgraced. As a result of his embarrassment, he resolved to develop the ability to be a great communicator. Working very hard to learn how to be a great speaker, over time, he became one of the greatest orators of the century. of our time and is frequently quoted to this day.

The techniques Churchill developed for giving a memorable and convincing speech apply to our jury arguments in trial. These techniques have been written about in articles. One article outlined these in “The Winston Churchill Guide to Public Speaking” by Brett and Kate McKay published at https://www.artofmanliness.com/character/behavior/guide-to-public-speaking/. These techniques include some of the following:

1. WRITE IT OUT AND PRACTICE GIVING IT

Write it out and practice what you intend to say. Churchill would write out notes for his delivery. They included detailed notes as well, like where to pause and which words to emphasize. He knew the more natural his speaking voice seemed to his audience, the more they would pay attention. He prepared carefully and in detail. A single 40-minute speech might take him 6 to 8 hours to prepare correctly. After that, he made numerous revisions. He would review each draft of the talk,  studying each sentence to decide whether the phrasing might be changed to add impact or whether an adjective might be changed for better effect. Multiple drafts were involved until the final one was selected. Churchill was always looking for better phrases to insert into speeches. Even his famous witty remarks and put-downs were rarely improvised on the spot; he had usually thought of the quip, which he saved until the right moment. Take the time to plan and prepare your arguments in writing. Practice giving them, preferably with video, so you can see for yourself what needs improvement. Practice until the argument becomes comfortable and natural so it can be delivered with sincerity.

2. USE SIMPLE WORDS

Churchill once said, “All great things are simple, and many can be expressed in a single word, such as: freedom, justice, honor, duty, mercy, hope.” Winston read and treasured words he found through his appetite for books. During his lifetime, he continually read numerous books, ranging from literature and poetry to history and science fiction. He liked to use words with precision, or as he said, “fitting and falling into their places like pennies in the slot.” Regarding  the power of simplicity of words, he once said:

“The unreflecting often imagine that the effects of oratory are produced by the use of long words. The shorter words of a language are usually the more ancient. Their meaning is more ingrained in the national character, and they appeal with greater force.”

Churchill not only disliked unnecessarily long and flowery words, but bureaucratic jargon and toothless euphemisms as well. Where other politicians referred to “the lower income group,” he talked about “the poor”.  The popular phrase at that time was “agreed to cooperate,” but he said it was “having joined hands.” When he took office as prime minister, he changed the title for a volunteer group labeled the  “local Defense volunteers” to the simpler “home guard.” When bureaucrats described housing as “accommodation units” he labeled them simply “homes.” Make very sure the words you use in argument, whether to the judge or the jury, are simple and easily understood words. Don’t try to impress the audience with your intelligence by using technical or complex words. Keep it simple.

3. FORMAT YOUR SPEECH WITH A COMPELLING CADENCE

Churchill believed there was a connection between musical rhythm and a great speech. He once said, “The great influence of sound on the human brain is well known. The peculiar balance of the phrases produces a cadence.” Churchill not only carefully chose his words, but also intentionally arranged and formatted it. He did this for effect and rhythm that came from the arrangement of words and sentences, together. As a result, his speeches had a compelling cadence and rhythm, an almost musical quality. His speeches could fire the emotional imagination and challenge the intellect of every level of listener. An example of this is his famous words to the British people:

“We shall go on to the end. We shall fight in France.  We shall fight on the seas and on the oceans. We shall fight with growing confidence and growing strength in the air. We shall defend our island, whatever the cost may be. We shall fight on the beaches. We shall fight on the landing grounds. We shall fight in the fields and in the streets. We shall never surrender.”

Churchill’s aim was always to link words together in a way that was pleasing to the ear. Churchill utilized “chiasmus,” which is the use of a reversal from the common order of words. For example, in 1942, after the Allies won their first major victory of the war, he said: “Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.” Another example: “I am ready to meet my maker; whether my maker is ready for the great ordeal of meeting me is another question.” His words could go from the lofty to the homespun, which made his speeches particularly engaging. Great trial lawyers do the same thing by how they raise and lower their voices, as well as with the dramatic pause of silence for emphasis. Structuring your words with a rhythm in delivery is as important for trial lawyers as it was for Churchill.

4. STRUCTURE YOUR ARGUMENT SO THAT THERE IS ONLY ONE INESCAPABLE CONCLUSION

Churchill referred to structuring the speech so there was only one possible conclusion as creating “the  accumulation of argument.” He would talk about the evidence in support of the conclusion by saying the same thing in slightly different ways. After he clearly outlined the evidence for his conclusion, he would conclude with a climax that left the audience with only one inevitable conclusion. To accomplish this, he would start with the strongest and most important point first. From there, he would review the facts and evidence until reaching the only possible conclusion. Churchill’s technique of outlining facts and evidence to an inescapable conclusion is what trial lawyers should do in jury argument.

5. USE METAPHORS, IMAGES, AND ANALOGIES IN ARGUMENT

Churchill relied upon such imagery, analogies, and metaphors in his speeches. He realized that words can also be used to paint pictures in the listener’s minds and the persuasive power of metaphors and analogies. . This is important because people accept what they can visualize more than by just hearing the description. People need to imagine a concept in order to retain it. A speech that consists only of dry facts or statistics is neither engaging nor memorable. The human mind responds to having its imagination stirred. It retains pictures and comparisons. Mental images, metaphors, and analogies, therefore, have power. An analogy can cut through the chaos and confusion to offer an understandable fact. A rich metaphor can produce a picture that allows the listener to see something in a new way. For example, Churchill argued against compromise with the Germans by saying: “An appeaser is one who feeds a crocodile — hoping it will eat him last.” Other examples include his description of Hitler invading one country at a time: The German dictator, instead of snatching the victuals from the table, has been content to have them served to him course by course.” His most famous example of imagery and eloquence was this: “I would say to the House, as I said to those who have joined this Government, I have nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the most grievous kind. We have before us many long months of toil and struggle.”

Trial lawyers must know the power of metaphor, imagery, and analogy. Communication experts have written extensively about using metaphors and case framing to make the point clear. Apply Churchill’s methods in your legal argument for greater success.tria

6. GREAT SPEECHES USE REPEITITION.

Churchill was famous for his use of repetition in speeches and communication. He said, “If you have an important point to make, don’t try to be subtle or clever. Use it like a pile driver. Hit the point once. Then come back and hit it again. Then hit it  a third time with a tremendous whack.” He used it in a way that would create a crescendo of emotional impact. For example, in one of his speeches, he said:  “You ask what our policy is. I will say, it is to wage war with all our might, with all the strength that God can give us, to wage war against a monstrous tyranny never surpassed in the dark, lamentable catalogue of human crime.” ”  Trial lawyers know the psychological benefit of audience acceptance through repetition. Plan your arguments with appropriate repetition expressed in different ways.

7. USE PAUSES AND MOMENTARY SILENCE FOR EMPHASIS

An important feature of Churchill’s delivery was the loaded pause, of which he was a master. He relied on timing to ensure heightened effect. It made silence even more eloquent than words. He allowed his listeners to digest what they heard and be prepared for what would follow. Some of the greatest trial lawyers have developed an outstanding skill of timing in their legal arguments. Knowing when to raise your voice, lower it, and pause for emphasis is essential to making good legal arguments. The power of silence and pausing, demonstrated by Churchill, is something all great trial lawyers must learn to do correctly.

CONCLUSION

Winston Churchill was recognized as one of the great orators and speakers of our century. His ideas and delivery of speeches are directly beneficial to trial lawyers. That’s because one of the basic tools of trial lawyers is words. Words used for the greatest impact and persuasion. But not words of themselves. Rather how the words are formatted and delivered. The communication of words is a skill we trial lawyers need to learn. Too often, lawyers are focused on the logic of their position. They mistakenly believe they can persuade the average juror with logical analysis when emotion and impression are key to persuasion. The skill of speaking with convincing skills to judges and jurors requires applying Churchill’s tactics of persuasive skills..