Silence for lawyers

Silence. That was the heart of Emma González’s speech at March for Our Lives on March 24. After a introductory remarks, she named the 17 dead and the small experiences in life they would never partake of again. Then she stood, silent, for the remainder of six minutes and 20 seconds—the time it took for … Continue reading Silence for lawyers

“May it please the Court…”

It’s that time of year when 1Ls start preparing for their first oral argument. In a class on how to prepare, I’ll be sure to share this tweet from experienced SCOTUS advocate Bob Loeb of Orrick: The card given to you by the Supreme Court Clerk before argument has last minute advice. pic.twitter.com/j6l63f9ZLa — Bob … Continue reading “May it please the Court…”

“I hear you”

https://twitter.com/CNNPolitics/status/966470869475381248 “I hear you.” Those words can be powerful. They can also be scripted. At his listening session with survivors of mass shootings at schools and families of victims, President Trump was photographed holding a notecard with five points. They included questions such as “What would you most want me to know about your experience?” … Continue reading “I hear you”

Non-Verbal Persuasion

This guest post summarizes the authors’ presentation, “Beyond Words: What Business Schools Can Teach Us About Non-Verbal Persuasion” at last week’s Association of Legal Writing Directors Biennial Conference held at the University of Minnesota Law School. By Erin Carroll, Georgetown Law, and Shana Carroll, Northwestern University Kellogg School of Management The practice of law places … Continue reading Non-Verbal Persuasion

Deliberate practice and lawyering skills

This past weekend, the Legal Writing Institute hosted its second Biennial Moot Court Conference at John Marshall Law School in Chicago. Several of the talks touched on listening-related themes. Kent Streseman of the Chicago-Kent College of Law explored the concept of “deliberate practice” for moot court competitors. His summary of the tenets of deliberate practice … Continue reading Deliberate practice and lawyering skills

Postscript on “um”

Yesterday I had the pleasure of moderating a Facebook chat on Rutgers law professor Barbara Gotthelf's article The Lawyer's Guide to "Um." She published it in Legal Communication & Rhetoric: JALWD (for which, full disclosure, I'm a social media editor.) The Facebook chat, available here in LC&R's ongoing Discussion Group, was a chance to explore … Continue reading Postscript on “um”

“Um” and its discontents

Umm, hi everyone. Umm, does anyone want to join the Facebook discussion I'll be moderating on Thursday, April 6 at 3 p.m. Eastern? (Note this time is corrected from some earlier messages.)? The topic is the article "The Lawyer's Guide to Um" by professor Barbara Gotthelf in Legal Communication & Rhetoric: JALWD. Professor Barbara Gotthelf will be joining … Continue reading “Um” and its discontents

Best Practices for Law Schools and Student Organizations when Inviting Guest Speakers

This post is formatted as a draft policy on best practices for law schools and law-student organizations when they invite guests to speak to or interact with their law school community. This policy errs on the side of formality and specificity, attempting to spell out specific steps for inviting guests and planning events. Feedback is welcome, … Continue reading Best Practices for Law Schools and Student Organizations when Inviting Guest Speakers

Talking means making mistakes (and that’s okay)

Sherry Turkle’s Reclaiming Conversation: The Power of Talk in a Digital Age has been on my reading list for a while now. I’m in the process of reading it and was stopped cold by something on page 54. Turkle is talking about “the flight from conversation.” The flight from conversation basically means kids these days—and … Continue reading Talking means making mistakes (and that’s okay)

What do we hear when we hear vocal fry?

Tennessee professor Michael Higdon has followed up his 2009 Kansas Law Review piece on nonverbal persuasion with a thoughtful new essay,   "Oral Advocacy and Vocal Fry: The Unseemly, Sexist Side of Nonverbal Persuasion." If you're not familiar with vocal fry, check out this MSNBC video at minute 3:30 for an example drawn from law practice … Continue reading What do we hear when we hear vocal fry?