From Courtroom to Boardroom
Business Presentation Skills for Lawyers

By Lawrence L. Tracy

HISTORIC ANTECEDENTS

Legal presentations and "boardroom" presentations have much in common, but there are significant differences that impact on the attorney called on to present within a non-courtroom context. While the term "Brief" has a particular meaning for lawyers, it should be viewed within the business or government world as "Bottom Line Up Front-Get to the Point-Don’t Waste Valuable Time." Brevity and clarity are the keys to presenting to senior corporate executives, potential clients, or government officials, and, at least theoretically, the presentation should be an objective statement of the facts, not an exercise in advocacy. The use of visuals, still somewhat rare in the courtroom, has become commonplace in business presentations.

Persuasive speaking may have had its origins when Eve convinced Adam to take a bite of the apple, but the teaching of speaking as discipline had its origin in Ancient Greece, or to be more precise, Ancient Sicily, which was a part of the Greek empire 2500 years ago. Corax, a philosophy professor, and his pupil Tisias, developed a training program around 460 BC to help Sicilians prove their ownership to property taken by a dictator, who had been overthrown and replaced with a democratic government. Corax’s followers became the Sophists, itinerant teachers of rhetoric, or public speaking, in Greece. Tisias is supposed to have written the first law book. That there were no lawyers at this time probably limited sales of this text, but it became a self-help guide for citizens of the litigious Greek empire.

Aristotle proceeded to write The Rhetoric, the book upon which modern speaking principles are based. This system emphasized the importance of the audience, and saw effective speaking composed of three parts-Ethos (Credibility of the speaker), Pathos (Arguments appealing to the emotions), and Logos (Factual data). These elements are certainly recognizable as characteristics of effective trial lawyers and business presenters.

LEGAL AND BUSINESS PRESENTATIONS

There are significant and subtle differences between legal and business presentations, despite the fact they spring from the same source. In the judgment of this writer, who is not a lawyer but has considerable experience in training business executives, government officials and lawyers in the art of speaking, the most significant differences revolve around the issues of advocacy, brevity and the use of visuals.

Advocacy

The Legal Presentation. The heart of our legal system, as it has evolved from English Common Law, is the adversarial system. The lawyer has been trained to be a strong advocate for his or her client, whether that client is a person or the state. Persuasion is at the center of the courtroom presentation, and this is understood by judge and jury. The attorney, who makes the best use of the evidence, incorporating Ethos, Pathos, and Logos, is likely to receive a judgment in his/her favor.

The Business/Government Presentation. The lawyer who carries law school/courtroom advocacy to corporate boardroom filled with senior executives or potential clients is courting trouble. Such executives/clients normally want an objective statement of the facts, and the presenter, at least in theory, is not supposed to "push" one side or the other of the issue. In the competitive sales presentation, of course, more leeway is granted, but "courtroom tactics" could well backfire with potential clients who may believe they are being manipulated by a shrewd litigator.

In reality, virtually all presentations have a persuasive component, and "spin" cannot be entirely removed. The lawyer suspected of either being too strong an advocate for a particular issue, or of using "Legalese" to support his or her position, may lose credibility with non-lawyer audiences in the corporate or government world. A lawyer making a presentation in a boardroom must be both defense attorney and prosecutor, thereby permitting the "Judge"—the senior executives and/or clients—to make the final decision. This requires a certain discipline and "unlearning" of ingrained habits.

Brevity

Legal Presentations. It is sometimes said by legal pundits on television that the most difficult task for the trial attorney is to know when to stop talking. This flows directly from the "Advocacy-Adversarial" nature of our legal system. The immense amount of data obtained during discovery can aid the attorney’s position, but too much can bore and alienate both Judge and jury. A friend of mine, a Judge in the Los Angeles Superior Court, has told me that when a lawyer "drones on, belaboring the point he or she made five minutes ago, I say ‘Counsel, is this plane ever going to land?’ " He tells me this remark has a definite chilling effect on long-winded lawyers. But even with such admonitions from the bench, the courtroom permits much more time to develop a case/make a point/explain an issue than does the corporate of government or corporate conference room.

Boardroom Presentations. Lawyers in the corporate/business environment making a presentation on legal issues, will still probably be granted more time, as these senior executives realize they need legal advice to stay out of trouble in contracts and other potentially litigious matters. In general, however, business and government presenters are expected to get right to the point, the verbal equivalent of the of the Executive Summary of the written document. The presenter is expected to provide only what the decision maker requires to make the decision, or to stay out of trouble, and they are urged to avoid extraneous information.

To illustrate this point, let me draw from my own experience. When I headed the Defense Intelligence Agency’s Presentation Division, in our daily briefings to the Chairman of the Joint Chiefs of Staff and eight Three Star Generals, we were limited to ten minutes to cover the world, and this was at the height of the Cold War. Such a time limit does not permit an in-depth treatment. We were rarely off the platform in less those 30 minutes, however, as the briefing normally stimulated at least 20-30 minutes of discussion and questions. You must, therefore, go into the presentation with your verbal "Executive Summary," but prepared with extensive backup information. The best way to prepare for a challenging presentation is with a rigorous "Murder Board," which is discussed below.

Visuals

GENERAL

Although visual aids are starting to be used in courtrooms, they are not as prevalent as they are within presentations in the business and government worlds. The following is a summary of advice on how to employ visuals, with a special treatment of the perils of Microsoft’s PowerPoint.

People learn best when they can see as well as hear. Visual aids, however, must support the presentation, not be the presentation. The purpose of the presentation is to transfer knowledge, not dazzle an audience with visual art. Many presenters, unfortunately, use visuals as a crutch, not an aid. Because visuals appeal to the eye, which can be more sensitive than the ear, they call attention away from the speaker. The presenter wishing to establish strong credibility should avoid playing Master of Ceremonies for a projector. These "tips" help you in making presentations:

In using visuals, always keep the audience in mind. Can the person sitting at the most distant point from the screen easily read the words? When designing the visuals, know the dimensions of the room in which the presentation will be given. For example, if the distance between you and the most distant person is 50 feet, the letters on the screen should be at least an inch high.

Is the visual consistent with the words being spoken when the visual is on the screen? This requires practice, and, if using an assistant, thorough teamwork to achieve precise timing. A technique that can facilitate blending the verbal message with visual is to ask a rhetorical question, with the visual then coming on the screen to provide the answer.

In depicting complex data, use large lettering to facilitate audience comprehension, and consider using the "overlay technique” if using overhead transparencies. Place the basic drawing on one acetate sheet, then additional data on other acetate sheets that are then superimposed on the basic transparency. Audience members can more readily grasp relations among data points sequentially, rather than becoming confused with all the data presented to them simultaneously. This is especially so with quantitative presentations explaining data that requires displaying several variables.

The same procedure, of course, can be used with vertical or horizontal bar or line graphs. When using "bullet outlines" or "laundry lists" on overhead transparencies, a frequent problem is that audience members may concentrate on, say, the fourth line while the speaker is referring to the first line. To avoid this and focus the audience’s attention where you want it, try the "revelation" technique. Cover all the lines you are not addressing with a piece of paper, and "reveal" each line as you come to it in the presentation. When using a graphics program such as PowerPoint, the program itself allows highlighting of points being discussed.

THE PERILS OF POWERPOINT

The advice above is applicable to all presentations using visual aids—overhead transparencies, 35mm slides, flipcharts, and, of course computer-driven graphic programs. PowerPoint is the most powerful graphics tool available, is relatively easy to use, and has become a metaphor for graphics programs, much as Xerox has become the generic word for copying documents.

PowerPoint has built-capabilities that have made it the state-of-the-art presentations program. Below is some advice on what bells not to ring, what whistles not to toot. By following the dictate "less is more," you will become a better presenter, and will truly maximize the tremendous advantages PowerPoint gives you to get your point across:

Fonts: A problem presented by any computer program is the multiplicity of fonts available. Occasional use of different fonts can enliven a page or screen, but using several types of fonts can make the speaker appear to be a graduate of the "kidnapper’s ransom note" school of presentations. Additionally, make sure to use fonts large enough to be seen in the back of the room. This forces you to not put too much information on one slide.

AutoContent Wizard/Templates: For the person new to PowerPoint, the AutoContent Wizard and Template capabilities make the rookie appear the veteran. Don’t let your ego get in the way—your job is to develop interesting and compelling content. You are an expert in the law; take advantage of the experts of Microsoft who have developed the built-in formats.

Transitions/Colors/Animations: Be careful with the transitions from one slide to the next. PowerPoint will help you gain audience attention, but overly flashy transitions and animations can also annoy and distract the audience. Consistency in colors--and the appropriate background sets the stage for the text colors--is vitally important to maintain audience interest and attention. Be consistent in the use of transitions to maintain audience comfort level and increase attention span. Keep in mind that approximately 3% of the American population has a degree of color blindness with regard to red and green.

You are the Presenter: Above all, remember that YOU are the messenger, and PowerPoint exists only to help you. Don’t look at the screen-maintain eye contact with the audience; Don’t marvel at your own visuals; Don’t use too much clip art; Don’t read off the screen (although you may do this with foreign audiences.)

The Bottom line: Let PowerPoint work for you, but always keep in mind that content normally trumps pizzazz with serious, intelligent audience members. Your job is to transfer information from you to your audience. PowerPoint can help you implant your information so members of your audience will remembers it, but excessive reliance on gee-whiz aspects of the program could result in your audience recalling how great were your visuals, but they may not remember the message you were attempting to convey.

Preparing a Presentation

THE "TELL’EM" AND "3-1-2" METHODS

The most time-tested lesson in public speaking is "Tell’em what you are going to tell’em: Tell’em: Tell’em what you told’em." When you "Tell’em what you are going to tell’em" in your introduction, you send a signal as to what "files" the audience members should open in their minds. When you "Tell’em" in the body, you place the data you wish the audience to comprehend and retain in those "files" they have opened. When you "Tell’em what you told’em," you are hitting the "save" button and reinforcing the data already presented. Remember that in a spoken presentation, the listener, unlike the reader of a written essay, cannot "re-read" a passage not comprehended or look up a word not understood. Consequently, a built-in redundancy is necessary to have your message understood.

The "3-1-2" method is a refinement of the "Tell’em" method. All presentations should have three parts--a beginning, middle, and an end. Most people start drafting their presentation by writing in the order in which they will deliver the presentation-- (1) the introduction, (2) the body, and (3) the conclusion. This "1-2-3" method is intimidating, like standing at the bottom of a steep hill and envisioning the long climb to the top. Just thinking about the task can cause procrastination. When finally initiated, the "1-2-3" system can lead to false starts because it lacks focus.

The "3-1-2" method, in contrast, is less intimidating and results in a focused presentation with thematic unity, so necessary in an oral presentation. Start your draft with the "bottom line" conclusion (#3), then develop an opening (#1) that grabs the attention of the audience, spells out the benefits they will achieve by listening to you, and tells them what you are going to address. By starting with your conclusion, you now have a destination--you know where you are heading with your presentation. With the beginning and ending on paper, your task of enumerating supporting data and arguments (#2) will be much easier. It will be like standing on top of the hill and contemplating your descent to the bottom--not as intimidating as the "1-2-3" method from the bottom of the hill.

Here is where a lawyer’s education and experience can be very beneficial in the boardroom. The "3-1-2" system derives from a concept with which lawyers are very familiar--the "Doctrine of Recency and Primacy." As trail lawyers know so well, juries--and probably senior corporate officers--tend to pay more attention to what they hear at the beginning and the end of presentations, with much less comprehension during the middle. Thus the importance attached by lawyers to their opening statement--their version of "Tell’em what your are going to tell’em" and their final summation to the jury--the "Tell’em what you told’em". Placing the focal point of the presentation at the end and the beginning of the presentation increases the likelihood the audience will listen, retain, and act upon this message which is supported by the elaboration of the supporting evidence in "2."

Some people are more comfortable drafting the text of their presentation in full. This allows for a more complete exposition of the data. But it also means that you may use language and syntax more appropriate for the written rather than the spoken presentation, which can be confusing to the ears of the audience. A "main point" outline is an alternative that will allow you to move more directly to "spoken," more conversational, language.

As you prepare your draft, use the active voice and concrete, not abstract, language. Use declarative, but not compound, sentences. Give specific examples, and do not be afraid to tug at the heartstrings of your audience. Your message, and the words that convey it, must be grasped by these listeners when you say them. They cannot do an "instant replay." Know the audience member’s needs and concerns, and frame your "case" in such a way that your presentation solves these needs/concerns. Make it easier for audience members to remember what you want them to remember with stories and anecdotes that emphasize your main points. These illustrations can be the glue that makes the main points "stick" in the minds of your listeners.

After completing the draft--verbatim or outline--reduce your presentation to 3x5 cards with large-lettered "memory joggers". Then practice by yourself in front of a mirror, with tape recorder, or better yet with a video camera. Listen for your pace, your inflection, your enthusiasm, and if you are using "uh," "er," "you know," or other fillers that render the otherwise intelligent person appear illiterate. See how much better you would sound if you replaced these sounds with pauses. If videotaping, watch your body language, facial expression, and gestures.

See where visuals can be inserted. These visuals should be thought of as exclamation points or highlighted sections of your presentation. Make them simple and interesting--be careful of organization charts and "laundry lists." Use large lettering (better to have large letters written with a magic marker than small letters from a computer.) Use only the top two-thirds of the transparencies (so people in the rear can read without being required to stand) and use telegraphic language, limiting letters to minimum necessary. Use color if you can.

For overhead transparencies, use the "revelation technique" when you have a "bullet outline." Tape strips of cardboard along the side of the vu-graph, keeping points on the visual covered until you discuss them. This will keep your audience focused on the point you are emphasizing, rather than reading point four while you are still talking about point one. Check the alignment of your vu-graph on the projector so that it appears straight on the screen. This may require you to place an "L-shaped" tape guide on the glass. Then orient your overheads in relation to this newly created frame, and you will not have to check that the visual is "squared away" on the screen. Some audience members could be annoyed and distracted by visuals that appear crooked on the screen. The above advice can, of course, also be applied when using a computer-driven presentations program such as PowerPoint.

The "Murder Board."

The "Murder Board, which has its origins in military briefings, is the functional equivalent of the steps lawyers go through to ready themselves for trial, and witnesses to face cross-examination. It is a "moot court" with the twin objectives of (1) honing delivery skills and (2) developing succinct, accurate answers to questions that are likely to be asked by the audience to which the presenter is preparing to speak. The "Murder Board" is to the presenter what the flight simulator is to the pilot. It permits the presenter to learn from his/her mistakes, so that the actual presentation is more responsive to the audience's needs. It is especially valuable in preparing for competitive sales presentations.

Why have a "Murder Board?" Cannot the intelligent presenter anticipate the tough questions likely to be asked? The answer to these questions is that no matter how hard we try to think of tough questions that may be asked, a little censor in our mind generally provides only questions to which we already have answers. We need other minds to push us. Albert Einstein said "what a person does on his own, without being stimulated by the thoughts and experiences of others, is even in the best cases rather paltry and monotonous."

The principal benefit of this simulation is to allow the speaker to "feel the heat" before doing the real thing. It enables the presenter to anticipate questions--thereby developing answers to these questions--and get the "feel" of the presentation. Done properly, the "Murder Board" not only provides a realistic simulation, it also increases self-confidence. It is folly to go into an important presentation, such as a competitive sales presentation without such rigorous preparation, for it permits the speaker to make mistakes when they do not count, allowing him or her to make corrections in material or style before the actual presentation.

If the "Murder Board" makes such sense, why then is it not universally adopted by all speakers? Perhaps because it requires time that busy people can easily justify to themselves they do not have, and because the "fear of speaking" will cause people to avoid doing something twice that they do not want to do even once.

How does one go about having a "Murder Board?" Swallow your pride and request colleagues to be your "audience," and share with them all the information you have gained on the people to whom you will be speaking. This will enable these colleagues to effectively "role-play" key people in the actual audience. Hold this practice session in a place similar to that where you will make the presentation to familiarize you with the environment. This technique can be used in preparing for a stand-up presentation as well as a meeting. The objective is to lessen the likelihood of being "ambushed," and to have practice in maintaining composure in the stress-inducing experience of a confrontational or other high-pressure speaking situation.

This simulated audience should be encouraged to ask the toughest, most realistic questions, and the entire session should be audio and/or videotaped. Ask for a candid assessment of both substance and delivery skills from participants, thank them for their time, and then review the taped presentation. Look for distracting body language, listen for annoying vocal patterns. Place yourself in the position of your prospective audience. Would you "buy" what "that person" on the screen is "selling?"

Place all the questions asked on 3x5 cards, and then work at perfecting your answers, which should be placed on the other side of the cards. Play "flashcards," thereby building self-confidence and internalizing the information.

Examine the information that you developed as a result of the questions and discussions from your role-playing colleagues, and insert into your presentation that which you feel will add punch and perhaps preempt questions in the actual presentation/meeting. Keep a few "zingers" in reserve so you can impress your audience with what appears to be extemporaneous brilliance.

A Final Thought

Courtroom and the Boardroom presentations have more in common than many may think. Both have the objective of planting information in the brains of those in their respective audiences so specific actions are taken. They both use the spoken word, with all its power and complexity. The legal presentation can be ponderous in its overuse of words, and the boardroom presentation, with its emphasis on saving time with the "Bottom Line Up Front" approach, can be superficial.

Let me close with words uttered in ancient Greece, the birthplace of oratory. Although enamored of style, rhetorical flourish and stentorian voice, the Greeks knew the purpose of speaking to a group was to move these audience members to a particular action. They compared the greatest speaker of their day, Demosthenese, to one who had lived a century before, and they said:

"When Demosthenese speaks, People say ‘How
well he speaks,’ but when Pericles spoke, people
said "Let us March."

Copyright © 2000 by Lawrence L Tracy
All rights reserved.
No part of this essay may be reproduced without the written consent of the author.