In our previous four episodes of 'Think Like a Lawyer', the Substack that introduces non-lawyers to how lawyers approach and deal with real-life situations, we presented a total of twelve techniques, three each in these categories:
Learn: how do you gather up the information – both the facts and the adjectives?
Analyze: how do you assess the facts and descriptions you learned?
Apply: how do you act on that assessment?
This episode will depart from the previous episodes' formula and focus on one technique that fits into the Apply section. If there were a maxim, it would be this: 'Intend your result.'
Apply
In the three categories, Apply refers to how to use what you have assessed (analyzed) in your communications. After all, lawyers use words as the tools of their trade. Words by themselves are of little import. It's the communication of those words that delivers the impact.
We previously cited a Marine Corps aphorism for laying out a presentation in three components. Here's another one. 'See the hill, take the hill.' In other words, have a goal, and take the steps to accomplish that goal. Ignore all else as a distraction.
In debate, participants often have to make a quick decision. Does this 'clever' point work? It's not enough to come up with that clever quip that makes your debate opponent feel the pain of a blow. That quip only works if it accomplishes something you intend (hopefully not to cause pain).
We spoke of 'themes' earlier (Episode #1). A theme, by itself, is all fine and dandy. But ask yourself this – does the theme accomplish what you intend? You communicate for a reason. It might be to inform, to amuse, or to persuade. If none of those, then you are just passing the time. A significant part of the lawyer's reputation is the agenda. Lawyers always seem to have one, right? Maybe you should consider adopting this habit.
What is their agenda? Simply that lawyers take steps to accomplish something that they intend. They don't take that step if the action doesn't help in this goal. Why? Because the lawyerly secret is also simple. All steps come at a cost. Often, that cost is a risk. If a lawyer asks a witness a question, the answer may hurt the lawyer's case. So they don't ask that question unless they know the answer, AND it helps their case. It's not enough that they know the answer. Both conditions should apply.
This, then, is the technique of the episode. Before you start communicating or planning your communication, figure out what you hope to accomplish. As Yogi Berra famously said, "If you don't know where you're going, how will you know when you get there?" If he didn't say precisely that, then he should have.
With that technique in mind, let's try an exercise to practice it.
Exercise:
I love to use the fairy tale of Goldilocks and the Three Bears as the basis for examples and exercises. Most people are familiar with it. If you are not, click here to access the summary.
In this exercise, you will use the technique from Episode #2. Identify those essential facts that make up the spine of the story. What really matters? Leave out everything else. Now, look at this simple list of points. Pretend that you want to tell a story about how a little girl was frightened by some nasty beasts. Restate the facts so they lead you to that conclusion. Now, pretend your story is 'about' a lovely orsine family returning after a day trip to find that a human invaded the sanctuary of their home. Try to rework your facts to get you to that conclusion.
This exercise shows how your purpose leads you to reshape your communication. And that's how lawyers think.
Here is a short (3.5-minute) podcast that describes the technique in this episode.