I’m sure you’ve written dozens perhaps hundreds. For each, you’ve painstakingly chosen every word, and gone over it with a fine-tooth comb. It’s a work of art. Therefore, come time to perform this masterpiece you’re shocked when it doesn’t go off as planned. What happened? Your witness happened.
Witness scripts or outlines are a staple of any litigator’s trial playbook, as they should be for a variety of reasons. However, there are several critical mistakes or shortcuts that are often made that invite disaster on the witness stand, the biggest of which is that the attorney did not consider the witness’s particularities. Simply talking with your witness is not sufficient to uncover those particularities; instead, the best way to assess them is through a mock direct examination. Here are three critical aspects of communication that you can glean from the mock examination and then address through the construction and editing of your witness examination script. Continue reading →
After a brief hiatus, The Sniper Defense podcast is back with an all new episode. In this episode, Thomas M. O’Toole, Ph.D. discusses the common personality and interaction types that emerge during jury deliberations and how each can impact the final verdict.
Good news! Now, you don’t need to re-read your emails looking for the subtle ways you might be undermining your authority – as the saying goes, “There’s an app for that!” Called “Just Not Sorry,” the app highlights the language choices that I wrote about in an earlier blog (e.g., hedges like “I think,” intensifiers like “really,” and other qualifiers like, “just” or “actually”).
Recently, author Christina Cauterucci interviewed Tami Reiss the CEO of Cyrus Innovation, a software development consulting firm that specializes in women-led companies and tech teams, and part of the team that developed the “Just Not Sorry.” She and others referenced in the article reinforce that these language choices are not only unnecessary filler, but can also undermine the sender’s authority. As I wrote about, these language choices are so ingrained in us (particularly women), that without something or someone pointing them out, we are left unaware of the unintended consequences – hence, the app. Continue reading →
A few weeks ago I was listening to a judge give his rulings on a number of pre-trial motions. With each ruling, he began by saying, “I’m inclined to find …” The first time, I didn’t really think anything of it, but a few hours and dozens of motions later, it was clear that this judge could not make a simple and strong declarative statement. While I typically do not look for opportunities to “take on” a judge, this particular example of a powerless speaking style deserves some attention namely because of the position and also because the judge was a man.
For years, I’ve studied, lectured, and written on gender communication. The “powerful – powerless” communication continuum is part of that work and is used to describe the difference between stereotypical male vs. female communication styles. The “female” end of the continuum is often associated with “powerless” speech – speech that includes hedges and qualifiers: “perhaps,” “maybe,” “I think,” “kind of,” or “I guess”; speech that includes intensifiers: “so,” “really,” and “very”; speech that includes hesitations: “um” and “uh”; and speech that includes disclaimers: “I’m not sure, but…” or “I’m not an expert, but…” Reading these, it should be obvious that the use of these types of phrases or words weaken the statements being made. Continue reading →
If you’re a woman, there’s probably been at least one time in your life when someone (my money says it was a man) has told you that you “need to relax.” I’ve been told this a few times and, each time, the person pretty quickly realized it wasn’t the smartest move. Recalling these events, two thoughts come to mind: 1) I can honestly report that I wasn’t out of control, yelling, or being irrational. Instead, I was simply strongly asserting an argument about an issue – usually something political. And, 2) I’ve never witnessed or participated in a “heated” discussion and heard someone tell a man who is aggressively arguing his point that he should “relax.”
I was reminded of all of this as I read “One Angry Woman: Anger Expression Increases Influence for Men, but Decreases Influence for Women, During Group Deliberation.” The research, conducted at Arizona State University and the University of Illinois at Chicago, is a fascinating look into how a man’s versus a woman’s “anger” is perceived and then utilized by others when making decisions. While years of research (and real life experiences) show that women are often subjected to harsh criticism for being “too emotional” and are often labeled as “Bitches” (and worse) when behaving in similar ways to men (i.e., being aggressive or dominant in work situations), this particular study goes one step further and explores how aggressively advancing one’s position is undermined by simply being a woman. Continue reading →