How you say what you say is every bit as important as the
“what,” the substance of whatever it is you are communicating. Spoken language
is decidedly not the same as written language, and lawyers, as accustomed as
you are to written language – your daily drill – do not always attend to the
expressiveness of their language as much as would be to their benefit.
There are expressive techniques to help jurors understand
and appreciate what you have to say in the way you want them to. In other
words, to help you be more persuasive. One of the most critical and easy-to-use
techniques is phrasing.
Phrasing is the grouping of words together in logical
fashion, with a slight pause on either side of the phrase, so that your thought
can be easily grasped. Phrasing is how you make sense out of what you are
saying, as opposed to indulging in the run-on sentences perfectly acceptable in
written communication (like this one!), but lacking forcefulness when spoken.
Think of what you have to say in terms of phrases. Express a
single thought, in about 5 to 7 words, pause, and then express your next
thought. The jurors will follow your thinking with minimal effort and be much
more readily persuaded.
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