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There’s a misplaced belief among lawyers, one that many may hold as a self-evident “truth”: Rehearsing and practicing is for lily-livered, milksop fraidy-cats. Just last week I heard, yet again, this self-evaluation from an attorney at a CLE seminar: “I’m much better when I don’t prepare.”
You are not the best judge of your own performance. Even if some members of your audience liked your presentation, or you won your case, it’s nearly impossible for you to be an accurate judge of you. Don’t fall prey to the widespread myth that your inner Socrates or Atticus Finch will emerge as you approach the dais to begin a presentation. I hear it all the time, or variations on it: “I want to be spontaneous, not stale or overrehearsed.”
It’s obvious that many lawyers do not rehearse, either for trial or public presentations. I have two theories about that.
The first is that some sincerely believe they are already so good they can’t possibly get any better. “Practice? What’s that? Rehearsal is for losers.” These folks likely harbor deep-seated worries that they aren’t as good as they hope. I invite such attorneys to consider that everyone can improve — even the best among us.
My second theory is that plenty of hardworking lawyers aren’t sure how to rehearse, and so have an uneasy feeling or reluctance about it. It is, in fact, rigorous. It can be disappointing, discouraging and confusing. Why add more of that to a lawyer’s already long workday? It’s easier to blow it off, even unconsciously, than knuckle down to it.
To overcome the reluctance, first consider how many of your favorite celebrities rehearse or train or practice. Athletes and musicians come to mind. They not only practice, they have coaches and master-teachers standing over them, making small corrections, encouraging them and pushing them farther. They practice many hours a day. You probably can’t give it hours, but you can carve out some time for it that will make a real difference.
Try these three steps to start:
1. Close the door to your office. Set a timer for 10 minutes.
2. Stand up — and stand still — and start talking out loud. Talk about your topic for 10 minutes, until the timer goes off.
3. Ask yourself, “How was that?” Jot down trigger words to help you remember what you liked. The stuff you didn’t like is just as valuable because you’ve heard the weaker ideas and weeded them out.
Repeat this process for as long as you can — an hour if you’re lucky. And then repeat it for as many days as you can manage, so your practice stretches over time. Repetition is key.
Being prepared, super-prepared and even over-prepared is a good thing. Top performers in every field, from athletes to musicians to astronauts, also use checklists and rituals to make sure they are at the top of their game when the pressure is on. To become the most articulate attorney you can be, ritualize your delivery.
Marsha Hunter is a principal in Johnson & Hunter, Inc. She teaches attorneys how to speak persuasively and spontaneously. Co-author of “The Articulate Advocate” and “The Articulate Attorney,” her specialty is human factors — the science of human performance in high-stakes environments. Marsha teaches communication skills for the National Institute for Trial Advocacy, the Department of Justice and upper-echelon law firms. Follow her on LinkedIn and on Twitter @bjohnsonmhunter.
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