Book Reviews: Forensic Oratory

Bradshaw, Brad. The science of persuasion: a litigator’s guide to juror decision-making. Chicago, Ill.: American Bar Association, 2011. ISBN 978-1-61632-989-1

Mathis, Laura. Acting skills for lawyers. Chicago, Ill.: American Bar Association, 2011. ISBN 978-1-61632-932-7

Both of these recent ABA publications address the subject of forensic oratory, and while they stress many of the same points, their approaches are very different.

Mathis is an actor, not an attorney (although she is married to one!) In her preface, she draws a parallel between actors and attorneys: “Both actors and attorney are expected to entertain, to inspire us to look at life a bit differently, and to share a story that has not been told” (p. xi). Her book offers an amusing and instructive overview of the tools attorneys need to meet these expectations, and thus to best represent their clients. Her focus is on physical presence, demeanor and appearance, with advice on relaxation, breathing, diction and body movements. Mathis likens taking depositions to being a talk show host (p. 57), and preparing witnesses to being an acting coach (p. 97). Quick tips (e.g., “Depose your coffee maker or potted plant”) and exercises, both physical and mental, are presented in text boxes throughout the book.  She even devotes a chapter to advice on the perfect photo shoot.

Bradshaw is a trial consultant with a Ph.D. in experimental psychology, and the emphasis of his book is on the psychological aspects of oratory.  It has a more serious tenor than Mathis’s book, but it is not at all a dry scholarly tome. He says in the preface that he wants to reach as broad an audience as possible: “… law students, experienced litigators, and everyone in between” (p. xiii). The book’s opening chapter presents the basic elements of persuasion: credibility vs. likeability, “reading” an audience, and framing an argument to fit that audience’s beliefs. The following chapters work through a linear progression from trial preparation through jury deliberations. Text boxes throughout highlight practical advice; e.g. “Make sure your witness is comfortable with silence” (p. 64). The final chapter of Bradshaw’s work is an extended exercise, entitled “Putting it into practice”. It presents a fact pattern, and then suggested lists of questions covering depositions and voir dire, plus opening and closing statements for both plaintiff and defendant.

These two books make an outstanding combination, and all but the most seasoned litigators are sure to find something useful in each of them.