THE LAWYERS’​ GUIDE TO UNPERSUASIVE COMMUNICATION

Chapter 1

The demonstrative–inimical to one’s aspirations of unpersuasiveness–must be avoided.

Unpersuasion suffers because communications with visuals are cognitively superior and audiences perceive visual communicators more favorably.

The neuroscientific evidence is overwhelming: demonstratives make lawyers significantly more persuasive. About 50% more persuasive. Moreover, the brain processes visual information more efficiently than written or aural communications; audience comprehension is greater; and visuals cause the collection, storage, and retrieval of information to occur more quickly, completely, and for a longer duration.

If that weren’t enough, visuals provide additional cognitive advantages antagonistic to unpersuasiveness. Cognitive studies demonstrate that audiences perceive presenters using visuals to be more “credible,” “competent,” “professional,” and “interesting,” all qualities the unpersuasive litigator endeavors to avoid.

 

The unpersuasive lawyer avoids developing demonstratives because the process of creating them focuses the case to the critical issues, thereby demarcating the lawyer’s attention and efforts, and reducing his disquiet.

Demonstratives strike yet another blow to unpersuasion by forcing the lawyer to define the most significant themes of her case, thereby shedding light on the witnesses and evidence existing that support those themes as well as those needing development. Since the unpersuasive litigator thrives on meandering or scattershot case prosecutions, and the insecurities that flow naturally therefrom, the focusing consequence of visuals hampers the unpersuasive litigator’s efforts.

If forced to use demonstratives, limit their effectiveness by limiting their exposure, e.g., restrict use to trial.

If forced to use demonstratives—perhaps by a persistent colleague or pestering client—one can limit their impact by limiting their exposure. A good rule of thumb for any unpersuasive litigator is to withhold all demonstrative use until trial of the matter. 98.9% of cases are resolved prior to trial, during which time many proceedings occur and myriad issues are decided that ultimately mold the final resolution. Foregoing visuals during this critical period from complaint to eve of trial allows the litigator to rest easy with the knowledge that her most potent persuasive tool most likely will never need to be utilized. And, through this forebearance, she can also cultivate optimal unpersuasiveness during the at least 1+ years of litigation before trial.
Kent Modesitt, a 16-year trial lawyer, now exclusively creates and produces demonstratives through his company, Persuasion by Design, Ltd. If you are interested in learning more, or just speaking about the finer points of unpersuasiveness, please call or email.