How is it that some lawyers have “it” and some don’t, when it comes to being an effective communicator in the courtroom?
“Skilled advocates come naturally, they’re not often taught,” says Russ Herman, an attorney at Herman Herman Katz & Cotlar in New Orleans. “So it’s difficult for many lawyers and many students just to pick up.”
Herman says the lawyers who are best able to connect in the courtroom start by creating a storyline.
“The techniques of persuasion are all centered around the storyline,” Herman said. “A truthful, convincing, documented storyline upon which you build a story. And then you incorporate the techniques of persuasion… …You can fumble, you can mumble, but what you can’t be is disingenuous. You have to believe in the story you’re telling and the story you’re telling has to have truth.”
Nicole Hansen talked with Herman for the June 1 episode of the Legal Current podcast but he had so much great information we decided to bring you more of their conversation in this interview edition of our podcast:
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In the podcast, Herman talks about what works and what doesn’t work in the courtroom and provides some historical perspective on the techniques of persuasion.
He is the author of Courtroom Persuasion: Winning with Art, Drama and Science, 2d, published by Thomson Reuters, Legal.
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In Practice | Practice tips |
