The Winning Edge

With this easy to read book, you will discover the hidden keys that turn a good lawyer into a great lawyer. You will learn about the four essential elements of successful communication, the keys to establishing rapport, the importance of metaprograms, and enhancing your performance--into the winning performance. You can implement these successful strategies immediately. You may be assured that accomplished lawyers utilize this knowledge where and when it counts--during opening and closing arguments, witness and client interviews, jury selection and observation, and direct and cross examinations. Utilize this book to learn these advanced and proven techniques in the courtroom. With The Winning Edge, you will know why and how these techniques work and achieve maximum results for your clients in the courtroom time and time again.

Dedication

ix

Foreword

xi

Preface: A Question of Ethics

xiii

Acknowledgments

xvii

Introduction

1

(6)

How People Process Communication

7

(20)

Effective Communication: Luck or Learned?

8

(1)

What Good Communications Have in Common

8

(1)

Basic Concepts in Understanding Communication

9

(1)

How Listeners React When We Say Something

9

(3)

Representational Systems

12

(1)

Visual, Auditory, and Kinesthetic Systems

12

(2)

Eye Accessing Cues

14

(3)

Surface Structure, Deep Structure: Meanings Behind Language

17

(2)

Embedded Questions

19

(1)

``Is This About . . .?''

20

(1)

The A, B, C, Ds of Effective Communication

21

(1)

Exercise: Questions to Ask

22

(1)

Exercise: Embedded Questions

23

(1)

Exercise: Noticing Representational Systems

23

(1)

Exercise: Four Essential Elements of Effective Communication

24

(1)

Exercise: ``Is This About . . .?''

24

(3)

How to Establish Trust, Credibility, and Repport

27

(18)

Rapport

28

(1)

How to Establish and Maintain Rapport

28

(1)

Rapport in the Lawyering Process

28

(1)

How People Express Themselves

29

(1)

Four Keys to Establishing Repport

30

(1)

Representational Systems

30

(1)

Effect of Mismatching Representational Systems

31

(1)

Effect of Matching Representational Systems

31

(1)

Listening for Predicates

32

(1)

Establishing Rapport with Juries and Other Groups

32

(2)

Backtracking

34

(1)

Getting the ``Yes Response''

35

(2)

Different Words Are Different Worlds

37

(1)

Mimicking or Mocking?

38

(2)

Matching Tonality

40

(1)

Mismatching Tonality

40

(1)

Matching Tonality

41

(1)

Mirroring Gestures

41

(1)

Criteria Words

41

(1)

Mirroring Physiology

42

(1)

Exercise: Identifying Preferred Representational Systems

43

(1)

Exercise: Mismatching Preferred Systems

43

(1)

Exercise: Matching Tonality

43

(1)

Exercise: Noticing Criteria Words

44

(1)

How to Ask the Right Questions

45

(12)

Getting the Information You Need

45

(1)

The First Step: Listen

46

(1)

Generalization

46

(1)

Deletion

47

(1)

Distortion

48

(1)

Clarifying/Challenging

49

(1)

Four Types of Deletions

49

(2)

Universal Quantifiers

51

(1)

Necessity or Impossibility

52

(1)

Cause and Effect

53

(1)

Complex Equivalents

54

(1)

Lost Performatives

54

(1)

Exercise: Clarifying/Challenging

55

(1)

Exercise: Generalizations, Deletions, and Distortions

56

(1)

How People Evaluate and Decide

57

(14)

What You See Isn't Always What You Get

57

(1)

Deep Structure Revisited

58

(1)

Dangerous Assumptions

58

(1)

Metaprograms

59

(2)

A List of Metaprograms

61

(2)

The Pervasiveness of Metaprograms

63

(1)

How to Elicit Metaprograms

64

(1)

Variations on Basic Questions

64

(1)

Using Metaprograms

65

(3)

Exercise: Ascertaining Your Own Metaprograms

68

(1)

Exercise: Ascertaining Another Person's Metaprograms

68

(3)

How to Influence and Persuade

71

(14)

A Quick Review

71

(1)

Embedded Questions

72

(1)

Embedded Comments

73

(1)

Embedded Commands

74

(1)

Presuppositions

75

(3)

And/But

78

(1)

Conditional Close

79

(2)

Exercise: Embedded Questions, Comments, and Commands

81

(1)

Exercise: Presuppositions

81

(1)

Exercise: Conditional Close

82

(3)

How Men and Women Communicate Differently

85

(18)

A Linguistic Gender Gap

85

(1)

Anecdotal and Common Evidence

86

(2)

Linguistic Evidence

88

(1)

Examples of Differences

89

(2)

Attorney-Client Interactions

91

(9)

Implications for Attorneys

100

(3)

How to Become the Lawyer You Want to Be

103

(14)

Break States

103

(1)

Communicating with Yourself

104

(1)

Blame Frame

105

(2)

Outcome Frame

107

(3)

Anchoring Yourself to Resourceful Physiology

110

(3)

Reframing Your Internal Questions

113

(4)

How to Tell a Convincing Story

117

(20)

Convincing Opening Statements and Closing Arguments

117

(1)

The Art and Science of Story Telling

118

(4)

Primacy and Recency

122

(1)

The Hook

123

(2)

``This is about . . .'' and the Core Question

125

(1)

Representational Systems

126

(2)

Embedded Questions, Comments, and Commands

128

(1)

Presuppositions

129

(1)

And/But

129

(1)

Creating and Using Anchors

130

(1)

The Use of Analogy

131

(6)

How to Get the Information You Need

137

(26)

Professional Information Gatherers

137

(1)

Initial Client Interviews

138

(2)

Occurrence Witness Interviews

140

(4)

Deposition Questioning

144

(4)

Voir Dire Examination

148

(2)

Direct Examination of Occurrence Witnesses

150

(4)

Direct Examination of Expert Witnesses

154

(1)

Cross-Examining Occurrence Witnesses

155

(4)

Cross-Examining Expert Witnesses

159

(4)

How to Negotiate and Mediate

163

(18)

Alternatives to Litigation

163

(1)

Negotiation Defined

164

(1)

Competitive Negotiation

165

(1)

Noncompetitive Negotiation

166

(1)

Principled Negotiation

166

(3)

Strategies for Principled Negotiation

169

(4)

Mediation Defined

173

(1)

Mediation Techniques

174

(6)

Listen, Backtrack, and Be Flexible

180

(1)

Communication and the Future of the Legal Profession

181

(8)

Lawyer Professionalism: Do We Measure Up?

181

(2)

Personal Reflections: Why We Wrote This Book

183

(1)

Experiential Learning

184

(1)

Public's Image of Attorneys

184

(2)

Communication, Personal Growth, and Professional Concerns

186

(1)

Lawyering in the Twenty-first Century

187

(2)

About the Authors

189

(2)

Index

191

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