The Winning Edge

by Lucas, Richard H.

• ISBN13: 9780913875384
• ISBN10: 0913875384
• Format: Paperback
• Copyright: 1999-06-01
• Publisher: Lawyers & Judges Pub Co

Summary

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.

Table of Contents

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