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Listen. For years lawyers have proceeded on the same path in terms of format, process, how you get information, how you analyze and move a case forward and how you explain.
No more.
The jury's now changed, in more ways than you know-and lawyers need to change with it.
The changes?
Generational
Multicultural
How we Get Information Today
Everyone --including doctors and lawyers-must serve
Jury nullification
Public attitude towards lawyers
How you think, what you plan, what you'll tell and how you'll tell it must change to reach this new jury. That's why Sonya Hamlin wrote this new book. It's about how we are entering a new era of litigation and persuasion with major challenges posed by the various changes in jury makeup, needs and expectations.
The Keys to Winning Litigation Now
In the pages of this work, replete with over 100 illustrations, you will discover how to rethink traditional the ways you've always tried cases as well as what tools you'll use to persuade.
Learn information not available to you any place else about:
- The new all-inclusive forms of communications to reach today's diversified juries
- New concepts about how to give information
- How to gain and keep attention
- The mandatory role of visuals
- Analysis of the new juries with their varied societal and educational levels, cultures and belief systems.
Here's the challenge: Baby boomers and seniors obtain information through newspapers and television. The Generation Xers get their news from cable, computers, and other multimedia they select and interact with. They like to customize their entertainment and information. The response: You as the advocate must have methods to reach both groups, a task made considerably easier if you study the many suggestions Hamlin offers to communicate with the disaffected, newly-minted electronic-manipulating Generation X population soon to be the majority on juries.
New Ideas to Bolster Your Case
After comprehensively examining all the elements that make up the new jury, Hamlin addresses what you need to change in your communication with juries: How to analyze your jury and your case in light of the new information we know about juries; What is boring and confusing in your case, and how to make it more compelling and memorable; What techniques you have to use to have the jury stay with you, including mastery of nonverbal communication (the "total truthteller," see chapter 6).
Language, Organization, Participation
Learn why succinctness is the order of the day along with simple language instantly understood. Hamlin shows you how to organize your presentations with points visible to the jury. This is a key strategy in a computer-savvy world built on the order and logic of how things must proceed, to work. She shows you how to apply these concepts to opening statements and examinations in Chapters 10-13.
Image in the Courtroom
Chapter 7 is an encyclopedia - a FIRST in any legal book - of what to wear in court, with specifics for men and women. What works, what doesn't and why, how to find your best style and image, how color and design affect people, and more.
Speak Visually
For today's winning performance it is critical to speak visually. Here Hamlin shines with ideas on how to describe scenes and facts in ways that pull the jurors into the events of your case so they can imagine themselves there. You'll find pages and pages of original information on effective, tangible visual support for your information. Loads of techniques from tried and true charts to the new electronic modes to lists and diagrams and the essence of effective design are presented in Chapter 3. With over 100 illustrations throughout the book, she even shows the "right" and "wrong" ways to design visuals on your own software as well as the basics of effective and eloquent design for any visual evidence. Then Hamlin shows you how to tie it all together, so your visual ideas and explanations are viewed as connected and related. This will give you the credibility you need and create a climate for the new jury to participate in the learning and gathering process, for the benefit of your client. You'll understand how to develop powerful closing arguments by following her large illustrated section on winning with visuals.
Presentation Skills: A Self-Help Course
Hamlin presents special exercises lawyers can do to be more relaxed, more convincing and credible, appear more confident and present more powerful cases more interestingly. You will want to consult this section regularly for information on effective techniques for voice, gestures, listening skills, and asking questions.
Highlights of Contents
- PART ONE: COMMUNICATION IN THE COURTROOM
Chapter 1: How We Communicate Today
People don't listen now; they look and learn from machines, not people.
Chapter 2: Communication Challenges of the New Jury
Meet our new "populations" with their very different characteristics-generational, multicultural, all-inclusive. Here's how to understand their differences well enough so you can reach out and capture them all at once.
- PART TWO: PREPARING FOR TRIAL
Chapter 3: Visual Aids / Visual Persuasion
You can't tell it anymore; you have to show it. How to deal with a jury population that expects creative, clear and succinct visualization. Learn how to clarify, organize, structure and conceptualize your themes, which media to use and why.
Chapter 4: Electronic Media and the "Paperless" Trial
Sure, you can design your own graphics, but you have to read to this chapter to learn how to make sure they aren't boring, confusing and ineffective. Plus, how to use electronic media best.
Chapter 5: Videotape Depositions
A FIRST! Video is the most powerful, persuasive medium. However, as this chapter shows, you must understand the many stipulations you require with video depositions to protect clients and persuade. The consequences of using video casually.
Chapter 6: Nonverbal Communication
The ultimate explanation of this "total truth-teller" - both for the jury and for you. Because it is unconscious, visual and intuitive, it is a very reliable barometer for the jury, unlike verbal communication which is often edited by the speaker.
Chapter 7: Image in the Courtroom: What to Wear and Why
A FIRST! Your encyclopedia of dressing for effect in the courtroom.
- PART THREE: THE TRIAL
Chapter 8: Voir Dire: Issues, Insights, Preparation
First impressions count here Understand the psychology of what jurors are thinking during voir dire, how people answer questions, what subtle clues to look for and what they mean, and what questions to ask.
Chapter 9: Voir Dire: The Questioning Process and the Questions
Trials are often won and lost here. Discover the best techniques for asking meaningful questions to elicit useful answers-direct and indirect questions designed to stimulate unguarded answers. Learn how to analyze the jurors' answers and discover new clues. Includes a long list of sample questions to explore the many different issues you face in trial.
Chapter 10: Opening Statement: Preparing It
How-to techniques that clarify and get and keep the jury's attention. Plus and presentation styles with great examples.
Chapter 11: Opening Statements: Presenting It
How to's of techniques to clarify, get and keep the jury's attention. Plus and presentation styles with great examples.
Chapter 12: Direct Examination
A mini-course in how to prepare the client to testify along with wonderful new insights into how the relationship between the lawyer and witness is key. In fact, the jury evaluates the relationship as much as the testimony. Read successful examination techniques.
Chapter 13: Cross-Examination
Get your clients ready for your adversary and at the same time learn about how people behave when they are attacked. Also, suggestions on how to deal with the "yes" and "no" questions and how to help the jury understand the points you want to make.
Chapter 14: Expert Witnesses
Help to solve the problem that the expert wants to protect his reputation and you want him to be succinct and direct. Hamlin shows you how to get the expert witness on your team-as well as how to present expert testimony and keep the jury interested and understanding what is said.
Chapter 15: Final Argument
How to design your presentation with originality and with visuals. New persuasion technique-Plus: how juries decide. Many great examples of final arguments, both verbal and visual.
Chapter 16: On Judges and Bench Trials
An extensive new survey of judges by the author reveals judicial preferences, the mistakeslawyers make most often with judges and juries, and understanding the judiciary.
- PART FOUR: SELF-HELP FOR BETTER COMMUNICATION
Chapter 17: Out with the Old Habits, In with the New Communication Skills
You will want to reread this section regularly to learn how to be more relaxed and appear more energized and confident. Exercises are presented you can do to enhance your voice, your mannerisms and energy level, your gestures and style to convey a more persuasive presence
Hamlin CDs: Lessons that Work
This new 15 hour training series is a masterpiece. From every aspect of the trial process-from voir dire to final argument - Sonya Hamlin herself gives new insights, valuable pointers, and a different but essential perspective on the dynamics of a trial and the lawyer's role in it. Now you can digest more of the Hamlin-proven techniques and styles as your schedule permits…in the car, at the office or on the road. This audio series is the best investment you can make to be a more effective advocate.
Praise
National Recognition
Quoted in the ABA Journal, February 2002 article "Reaching Out to Jurors," and The New York Times in reference to the Skakel murder trial. "Who Are Today's Juror's and How Do You Reach Them" (excerpted from the book), appeared in Litigation Magazine, Spring 2001 issue.
"Sonya Hamlin is the final word on the inside workings of a trial. What Makes Juries Listen Today provides a lawyer with invaluable insights that can make the difference between winning and winning big. Her style is readable; her ideas, logical. The book is organized by a mind that clearly knows what needs to be done to win in a courtroom. She tells it like it is, like it or not. And the section on bench trials indicates the respect she garners from judges coast to coast. Sonya Hamlin is just that kind of person -- trusting, knowledgeable, caring. The quintessential jury and trial consultant." --Robert A. Clifford, senior partner Clifford Law Offices, Chicago, described in Corporate Legal Times as one of the "five most respected and feared plaintiff's attorneys in the U.S."
"[What Makes Juries Listen Today] is an encyclopedic, real-word, hard-science resource. covering every imaginable detail and conceivable contingency of jury work. I found myself repeatedly saying ...'she's got it dead on' and 'never thought of it that way, but she has it nailed again.'
"[This book] will give younger lawyers the confidence that they are getting it right. And will give senior lawyers the experience their clients believe they have and they wish they had. Hamlin's analysis and ...collection of communication techniques belong in the personal libraries of everyone associated with trial work." -- Fred Bartlit, senior partenr of Bartlit Beck Herman Palenchar & Scott , known as "one of the most successful corporate litigators ever."
"As usual, Hamlin has got it right. The importance of how one communicates, her central theme, was never clearer. This book will make lawyers listen." -John L. McGoldrick, Senior Vice President Law and Strategic Planning and General Counsel Bristol-Myers Squibb Company
"Packed with fresh approaches to the art of winning jury trials, What Makes Juries Listen Today should be read by any serious trial lawyer….If you want an edge with the jury, this book delivers - skim it before any major trial if only to refresh and reinforce your approach….Sonya is a master…" -David F. Snively, Assistant General Counsel - Litigation Monsanto Company
"Sonya unlocks the mystery of generational, ethnic and cultural diversity in today's newly diverse juries. She reveals how to teach, communicate, and persuade using the new innovations in jury trial procedures being adopted by many courts." -G. Marc Whitehead, Sonnenschein Nath & Rosenthal
With the dramatic reduction in jury trials in the past 10 years, it is exponentially harder for younger lawyers to learn in the trenches. Sonya's book is therefore a "must" for the next generations of would-be trial lawyers. There is no hint of the "touchy-feely"; to the contrary this is an encyclopediac, real-word, hard -science resource, covering every imaginable detail and conceivable contingency of jury work. I found myself repeatedly saying "right on" "she's got it dead on" and "never thought of it that way, but she has nailed it again" -from whom??
"After my Opening Statement, but fortunately during the trial, I bought your book... I can't tell you how delight I was with your suggestions and unique know-how. Frankly, I'm usually unimpressed by "how-to" books. Instead, you gave me a whole new slant on jurors. I found that many of my preconceptions were faulty. As the trial progressed, I read your book and began applying its lessons.As I approached Closing Arguments, I used some of the few remaining hours to study your techniques. I incorporated some of your specific ideas and I avoided the pitfalls you had warned about. Remarkably, my opponent broke several of your rules and I could see the jury "turning off." If you haven't already guessed, I won!" -Stephen F. Rohde Esq. California
"In opening statement and closing argument, I used more of your ideas. I especially liked your suggestions to explain a little bit of why lawyers do what they do instead of launching directly into a discussion of the evidence. I used your suggestions to moved about the courtroom instead of tying myself to the lectern. It helped me relax and I think it helped the jury listen.
By the time closing argument came, I felt that I had developed a solid relationship with the jury. I continued to use eye contact with them during closing argument. I noticed during closing argument that their eyes were riveted on mine. It provided a nice contrast to the plaintiff's attorney who was too glued to the lectern and to his notes. I also noticed that my opponent droned on in a monotone. I took your suggestion to vary the pitch of my voice. The result was wonderful; my first "no cause" verdict from a jury. Thanks again for your excellent book. I will use it again and again." -William J. Richards Esq. Detroit