5 Tips to Take Your Persuasive Power Up a Notch
The AIDA method, so effective in selling everything from beer to Chryslers, is equally applicable to lawyers.
December 28, 2018 at 06:00 AM
6 minute read
One of my favorite Super Bowl commercials is Budweiser's “Puppy Love” (2014), an adorable tale of a Labrador puppy and a Clydesdale who become best friends. If you don't immediately know what I'm talking about, hop on YouTube right now and take a quick peek.
I'll wait.
What, you may be asking, do adorable puppies and Budweiser have to do with the art of lawyering? That's easy: persuasion.
Budweiser (well, its ad agency, most likely) masterfully used something called the AIDA method—a cornerstone of marketing—in hopes of persuading us to purchase its beer:
- First, they grabbed our attention (Who doesn't love a puppy?),
- Then, they maintained our interest (We wondered what would happen to the puppy),
- They tapped into a desire or feeling (happiness/lump in throat/concern), and finally,
- They hoped our feelings would cause us to act (putting a six-pack of Bud into the shopping cart).
AIDA in the Law
The AIDA method, so effective in selling everything from beer to Chryslers, is equally applicable to lawyers.
As a jury consultant, I focus largely on persuading juries, judges and arbitrators. But even for those rarely inside a courtroom, persuasion is still an important skill. Almost every aspect of lawyering involves some degree of persuasion: pitching a prospective client, negotiating settlement terms, rallying colleagues to vote for your favorite partner candidate, and, of course, motivating the jury to render a verdict favoring your client.
Here are a few ways to incorporate AIDA into everyday persuasion:
1. Start strong.
Research suggests it takes us seven seconds to size someone up. You literally have mere seconds to convince whoever you're trying to persuade that whatever you're “selling” is worth their continued attention. Yikes.
Don't waste the first few precious moments of a speech, pitch or opening statement with platitudes and credentials. In some circumstances, this applies to written product, too. Don't be afraid to think outside of the box; start with a bang and grab people's attention from the get-go—but don't go rogue. If you are completely off the reservation, people could decide that you're weird, question your credibility and disengage, which kills your persuasive power.
2. Include the audience.
Most presentations aren't true give-and-take conversations, but participants still want to feel included and part of the process.
The trick is to get them to mentally participate. Engage their brains throughout your presentation (or writings) by asking rhetorical questions, asking for a show of hands, putting a multiple-choice question on the screen or simply asking folks to imagine a scenario to retrieve a memory. When listeners are able to reflect upon their own personal or professional experiences, they are much more inclined to care about what you have to say. Which means they're more interested in your message than their iPhone and email.
3. Create “snackable” content.
Combining your personal stories with small doses of statistics or narrative evidence will help validate your content. And the more valid your content, the more persuasive you are. Sharing a war story, a challenge you've overcome or a hypothetical scenario not only includes your audience and makes things interesting, but also it sets the stage for the substantive content you want to share, such as case law, verdict research, industry trends, statistics, or evidence.
4. Use powerful visuals.
I dare you to find an audience outside or inside the courtroom that doesn't expect technology during a presentation. Juries and judges expect graphics and digital display of documents, so programs like “Trial Director” are (in my opinion) on the don't-leave-home-without-it list.
Visuals are a vital element of persuasion even when you're presenting a conference speech or a pitch to a small group.
The most persuasive visuals are simple, concise and memorable. Nobody is going to remember 50 words on a page, but they will remember a graphic image, key phrase or a few essential takeaways. Less is truly more.
But hear me loud and clear: PowerPoint slides are not a substitute for effective communication. The primary messenger should always be the speaker, not the screen. If your slides are more compelling than you are, you are no longer perceived as someone with an important message; you are simply a person with a clicker.
5. Practice, practice, practice.
You've invested a ton of sweat equity in creating great content, but to truly maximize your persuasive power, you must allocate time to practice. And I don't mean reading over your notes on the way to the courthouse or thinking about what you'll say during your commute. I literally mean practicing your speech out loud and on your feet. More than once.
Yes, it feels dorky to walk around the room talking to yourself, but a recent study showed a significant memory advantage to saying words out loud and hearing them in your own voice. So, practicing out loud not only helps you remember the content, it also helps you fine-tune your delivery, which builds confidence. And confident, prepared speakers are more persuasive speakers.
One of the most basic and most powerful human needs is to connect with others and create a sense of fellowship, even if only for 30 minutes. To speak to others—to share your knowledge, to try to influence them in some way—is to reveal something of yourself, and that can be a tad scary.
But, when done well, it can be a powerful experience both for the speaker and for the audience.
Kacy Miller is president of CourtroomLogic Consulting, a jury and trial consulting firm. She has collaborated with law firms, lawyers and companies in a variety of industries for more than 20 years, and has worked in the field of social sciences for more than three decades. Her e-mail is [email protected].
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Virtue Begets Virtue': Tips for Practicing Law (and Living) Ethically
7 minute readTrending Stories
- 1Lawyer’s Resolutions: Focusing on 2025
- 2Houston Judge Exonerated on Appeal, Public Reprimand Vacated
- 3Bar Report - Dec. 30
- 4Employment Law Developments to Expect From the Second Trump Administration
- 5How I Made Law Firm Leadership: 'It’s Imperative That You Never Stop Learning,' Says Ian Ribald of Ballard Spahr
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250