NEWS INDEX Archives 2004 February

Law, theater faculty teach budding lawyers how to interact with people

Mark Reutter, Business Editor
217-333-0568; mreutter@uiuc.edu

2/9/04

Photo by Bill Wiegand C.K. Gunsalus is coordinating a program in the College of Law designed to teach law students people skills.

CHAMPAIGN, Ill. — Brian Dampier knows the value of a good performance.

A television news producer in Chicago for 13 years before he enrolled in the College of Law at the University of Illinois, Dampier recalled the advice he once got from a veteran director: “There are an infinite number of ways to turn off an audience.”

So he listened carefully to a critique of his opening statement before a mock jury – about the value of maintaining eye contact with the jurors and using his voice and gestures to connect with those who would determine the fate of his client.

“Movement and appropriate gestures help maintain the jurors’ interest and keep their attention focused on the attorney,” he said. “Since I don’t have an acting background, I found all of this advice very helpful.”

Dampier, who plans to become a trial lawyer, is among the law students who are learning some of the trade secrets of acting in a new program. Call it creating a persuasive stage presence in the age of “Law & Order.”

Jointly launched last fall by the law school and department of theater, the program is based on the simple notion that future lawyers need more than a head full of statutes to succeed in today’s profession.

“But it’s much more than trying to make lawyers look like actors on TV shows,” said C.K. (Tina) Gunsalus, an adjunct law professor who is coordinating the program. “The majority of what lawyers do consists of counseling, interviewing and dispute resolution. In short, people skills. Our program is designed to give law students insight into how their mannerisms, listening skills and even posture may affect the people they are trying to work with and influence.”

Gunsalus began thinking about the connections between law and theater when she coached a client-counseling competition two years ago. Students from the theater department acted as clients during the mock counseling sessions with law students.

“I noticed the surprising number of commonalities between the two fields. I thought it would be very enriching for our students to have the benefit of the expertise of another discipline that applies so directly and constructively to being an effective lawyer. It’s something that very few students are exposed to in law schools.”

Following discussions with faculty members in the theater department, Gunsalus sponsored a workshop last spring titled “Acting for Lawyers.” The response was so favorable that Heidi M. Hurd, the dean of the law college, agreed to underwrite a broader program. Included are workshops, classroom demonstrations and individual mentoring on a variety of topics.

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Michelle Stephens stood before 22 students in a seminar room. “Many people will structure their whole lives to avoid the possibility of having to speak in public,” the doctoral student in theater history said, citing a poll that ranked fear of public speaking ahead of death by torture.

She then wrote on the chalkboard some common symptoms of stage fright:

• trembling voice
• mumble mouth
• sweaty palms
• heart palpitations
• flushing face
• empty mind (a.k.a. “blanking out”)
• tight stomach

The students soon chimed in with their own examples: inappropriate laughter, chills, talking too quietly, tripping and falling, talking too fast, slip of the tongue, and, most dreaded of all, “making a complete fool of yourself in front of others.”

Stage fright typically manifests itself before a person even opens her mouth on stage. This is negative self-talk. “It’s really sneaky,” Stephens said of the doubts that can gnaw at a speaker’s self-confidence before a public event, setting up reactions that can cascade into overpowering fears.

“As long as your fears run you, you are a victim of your own thoughts,” Stephens said. But because stage fright is a physical response to tension and negative-self-talk, it can be controlled with proper training. Deep breathing and other relaxation exercises – part of the skill set of an actor – can release the tension stored in the body.

To deal with the psychology of fear, stop focusing on yourself, Stephens advised. “Put your focus on another person or on an object you feel comfortable with. For example, in a closing argument before a jury, you might want to concentrate your attention on a single juror.”

Another technique used by actors is to claim your anxiety. “Figure out your one worst symptom. Is it mumble mouth or heart palpitations? Work on that one symptom and conquer it.”

Reaction to the workshop was favorable. One student came away feeling empowered. “I got a lot of good ideas, especially about breathing and how to focus on what you want to achieve rather than on yourself.”

Another said: “Stage fright can be overcome. Death by torture is worse than public speaking.” Others praised the workshop’s practical nature, although one student confessed, “I realize I have worse stage fright than I thought.”

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Eighteen pairs of students are negotiating a dispute between a disgruntled car owner and a dealership. The objective: Reach a settlement and avoid the expense of a trial.

The student negotiators settle into chairs and across tables under Stephens’ watchful eyes. When the students reassembled in Tina Gunsalus’s negotiations class, Stephens offered some feedback about the body language she had witnessed.

Crossed legs and arms wrapped around the chest indicate defensiveness, she pointed out. People turning away from each other while talking signal the absence of a meaningful exchange of information. Feet planted firmly on the floor amounts to a “friendly no” to the other party’s offer. Pointing fingers create tension among the negotiators, making compromise and settlement that much harder.

One of the keys to successful negotiations is learning how to listen. “And make it a genuine listen,” Stephens counseled. “Keep your mouth closed, and keep eye contact with the other party.”

She then talked about ways to diffuse anger or aggression, especially in a client. Anger usually arises when a person feels hurt or frustrated or taken advantage of.

Again, genuine listening is important. “Don’t leave the impression you are not listening or are bored.”

A savvy lawyer will find something to relate to about the person’s situation. By restating the problem simply and clearly, the lawyer can defuse the emotional content and assess the client’s reaction through body language. “Is the body tight and defensive, or is it opening up? No rational conversation can begin when another person is angry.”

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An automobile accident has left a 62-year-old man with severe brain damage. A student has completed her closing argument to a mock jury in professor J. Steven Beckett’s trial advocacy class.

Stephens pinpointed a problem right away. Although the student didn’t realize it, she had anchored herself at a table during the entire presentation. “You never went over to the jury and connected with it,” Stephens said. “That’s a common performance error, along with looking down at your notes or staring at the floor.”

Another student is praised for taking a “good blocking position” by moving directly in front of the jury and keeping the opposing lawyer out of the jurors’ view. But the student distanced herself in another way, by speaking in legalese when discussing monetary damages.

“Don’t be afraid to talk about damages in a straightforward, common-sense way. Juries will become detached and disinterested if your argument gets too dense.”

Stephens, who couches her advice in non-threatening terms, reiterated that the message is not what a speaker says. The message is what listeners hear. And what they hear is interwoven with their impressions of the speaker.

Gunsalus pointed out that building a case – picking the facts, witnesses and legal theory – is still crucial to being a good lawyer. But delivering the facts in a compelling and polished manner is equally important.

A student who attended the stage fright class agreed that performance was part of the package. “The reality is that the lawyer who puts on the best show wins over the jury. Think of Johnny Cochran."