This year marks the 57th anniversary of Dr. Martin Luther King Jr.'s "Letter From a Birmingham Jail," an important piece of persuasive advocacy he wrote about the need for nonviolent responses to racism while incarcerated at the city jail. In honor of Martin Luther King Jr. Day, Texas Lawyer is pleased to run a piece by Michael Maslanka on what we can learn from King's letter. Maslanka's article was originally published by Texas Lawyer on Feb. 14, 2011. — Kenneth Artz, Texas Bureau Chief, Texas Lawyer

Letter From a Birmingham Jail: Lessons for General Counsel

Last month I reread Dr. Martin Luther King Jr.'s "Letter From a Birmingham Jail." He was imprisoned for leading protest marches against stores in the city that discriminated against black patrons. While in jail, he wrote a response to white ministers who called his protests "unwise and untimely." King's letter is a model of powerful persuasive skills and moral clarity, both of which are key for general counsel to possess.

Lesson No. 1: Get to the point, and make it a worthy one. After some gracious pleasantries, King clearly lays out what is at stake: "I am in Birmingham because injustice is here." He compares his mission to that of St. Paul, who, like King, was compelled to carry a message the former, the Christian gospel; the latter, freedom.

At the outset, King gives readers context for what he is about to tell them. He does not let readers guess his point or extrapolate his purpose from a few facts.

GCs similarly should be clear when communicating on high-stakes issues, when their readers or listeners must pay attention to the message. Audience members always ask themselves, "Why should I devote my time and attention to this speaker?"

Difficult issues call for immediate clarity: "We are meeting today to discuss the SEC investigation. It imperils our reputation for ethical conduct."

Lesson No. 2: Appeal to the angels of listeners' better natures. People all think they are better and more ethical than they are. King leveraged this insight. He could have attacked the ministers, but he didn't. He writes that, while they deplored the marches, they showed little concern for the conditions that prompted them.

But King then writes not to them as they presently are but to the people they imagine themselves to be: "I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes."

See how he pivots so gracefully? He moves from what could be an attack to a line of reasoning that makes the reader think, "You know, I am that kind of person."

When a GC must present unpopular proposals or create consensus on a contentious issue, this kind of aspirational appeal gets listeners on board.

Lesson No. 3: Use the power of rhetorical questions. Rhetorical questions focus listeners. They funnel attention. They allow audience members to find their own wisdom. When used effectively, they can take a negative and turn it into a positive. King knew that; GCs should, as well.

He wrote in the letter that he was labeled an "extremist," a highly loaded term in the 1960s. But he used rhetorical questions to flip the label from having a negative association to a positive one: "Was not Jesus an extremist for love. … Was not Amos an extremist for justice. … Was not Paul an extremist for the Christian gospel…"

Think about his other option. He could have written "I am like Jesus, who also was an extremist for love." Which is more effective?

This passage also demonstrates the power of showing, not merely telling; it reveals the value of the concrete over the abstract. He uses specific examples to ground and illustrate his point. He could have gone abstract, writing that it is a good thing to be an extremist for the gospel. He did not, because it resonates less with readers. GCs seeking to persuade should lose the broad brush strokes of business-speak and focus instead on the particulars of the organization.

Lesson No. 4: Understand the power of contrast. The human mind responds to contrast. Evolution wired people that way. It is how we survived as a species: Green bush, green grass, brown lion? Run! Contrast kept our ancestors from ending up as lunch, and it retains its persuasive power today.

GCs should use contrast when possible. King peppers his letter with contrast. Here is one especially effective passage: "Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection." That's genius. GCs take note: Penetrating points are made using the power of contrast. King used it; so should you.

Lesson No. 5: Be positive and funny. No one likes to hear endless negativity. Listeners respond to positive messages, and humor resonates. At the end of Kings letter, he writes that it is long, but the boredom of prison life has a way of encouraging lengthy correspondence. He ends on a positive note, framing the future in terms of the possible: "In some not too distant tomorrow the radiant stars of love and brotherhood will shine over our great nation with all their scintillating beauty."

Techniques are useful. But moving a person from believing X to embracing Y takes more than technique. Doing so rests not on how the GC delivers the message but on the message itself. For GCs the moral message ranges from fair and consistent treatment of employees to creating a culture that goes on ethical automatic pilot. All of King's rhetorical skills would be useless without his message that "injustice anywhere is a threat to justice everywhere." Never confuse the skills of delivering a message with the message itself.

Michael P. Maslanka.

Michael P. Maslanka is managing partner of the Dallas office of Constangy, Brooks & Smith. His email address is [email protected]. He is board certified in labor and employment law by the Texas Board of Legal Specialization. He writes the "Work Matters" column for In-House Texas, and his Work Matters blog is on www.texaslawyer.com.