Special Court Jurisdiction

June 7, 2013

www.ji l ltolles.com

EFFECTIVE COMMUNICATION SKILLS

JILL TOLLES, M.A.

What are the greatest challenges or mistakes you have observed judges make?

What are the most effective strategies you have observed?Presenting from the benchManaging the courtroom

“BENCH COMMUNICATION” OBSERVATIONS

“I know you think you understand

what you thought I said but I’m not sure you realize that what you

heardis not what I meant.”

Alan Greenspan

       

PerceptionsJPE’s Re-electionAppeals

WHY COMMUNICATION MATTERS

Verbal Communication

Nonverbal Communication

Listening

AGENDA

PART 1: VERBAL COMMUNICATION

EFFECTIVENESS

Clarity

Comprehension

Appropriateness

Firm but Fair

Know your Role (and stick with it)

The “Goldilocks Principle”

COMMUNICATION GOALS

Material Organization

Delivery

3 ELEMENTS OF EFFECTIVE COMMUNICATION

Keep it Simple and Concrete

Use the active voice (I, You v. “One”)

Avoid “Legalese”

Define Terms

Avoid Acronyms

MATERIAL

IntroductionOpenerCredibility and Goodwill (“Firm but Fair”)

Body“Courtroom Expectations”“Overview of Process” “Ruling and Explanation”

Conclusion Summary and Questions

ORGANIZATION

“The first thing I need to find out is whether this court has jurisdiction (that is, the right to decide this case.

Then I need to find whether the financial situation of the parent who does not have custody has changed, and if it has,

I need to decide what change in monthly support would be appropriate.” (Adapted from Albrecht, et al, p. 46)

Repeat and Summarize Often

MENTAL MAPS AND SIGNPOSTS

What areas of verbal communication are your greatest challenges?

What three aspects of effective verbal communication can you implement?

APPLICATION

PART 2: LISTENING AND NONVERBAL

EFFECTIVENESS

SELF-TEST IN JUDICIAL

COMMUNICATION

Answer with “T” or “F” the 10 questions.

Nonverbal facial cues—especially eye contact—are generally unreliable indicators that a speaker is lying.

True

“Most liars can fool most people most of the time.” – Paul Ekman, Telling Lies

QUESTION #1

BEST CLUES FOR LIE DETECTION

Slips of the tongue

Emotional outbursts, tirades

Emblematic slips (inadvertent nonverbal cues)

Micro-expressions (1/4 second emotional flashes

PROBLEM: DETECTING LIES IN THE COURTROOM

The best liars show nonverbal behaviors of the truth-teller

“Anxiety/fear” cues and “deception” cues are very similar

Cues of lying—culture-bound

After telling the same lie often, the liar comes to believe it—and give truth-telling cues

“LIARS ARE MOST OFTEN TRIPPED UP BY VERBAL, NOT NONVERBAL

BEHAVIOR.”

-- ZUCKERMAN & DRIVER, 1985

QUESTION #2

Listening training is the quickest, most reliable method for improving listening effi ciency.

False How speakers present information shapes listening faster

and better.

Implications for judges and lawyers? How do we get jurors to listen better?

QUESTION #3

Recent research gives us a fairly reliable “dictionary” of body language cues and what they mean.

False No “nonverbal dictionary”; meanings are in people—who

observe nonverbal behavior and assign meaning.

Implications: Jury experts during voir dire? Witness credibility? Perceived judicial attitudes?

QUESTION #4

Juvenile off enders with poor verbal skills tend to get heavier sentences than those with more mature, fluent skills.

True May be other reasons for dispositions, but communication

behavior is salient.

Adult defendants: can fluency affect sentencing decisions?

QUESTION #5

Accurate communication can rarely be achieved in a “one-way” (no feedback) process.

False Usually achieved with effective verbal messages.

Courtroom communication depends on one-way events.

QUESTION #6

Jurors do poorly on comprehension tests administered immediately after pattern or uniform instruction on legal terms and principles

True Rewriting improves comprehension

Hearing and reading improves comprehension

QUESTION #7

The average adult attention span is about 20 minutes

True . . . Or False Research in 1970’s – 20 min.

Research in 2000—8 min.

Implications for messages to laypeople? Length of opening statements? Direct examinations? Jury instructions?

QUESTION #8

After our basic communication styles and skills develop (by about age 25), very few of us are capable of changing them significantly

False Key word is “capable”

Lawyer to judge? Criminal court to family court? Managing trial vs. settlement conference?

Judges do add skills, change styles

QUESTION #9

Most judges and lawyers use diff erent language and style when writing than when speaking.

True Spontaneous oral composition—on the record.

Judge’s written decision vs. transcript of judge’s spoken decision.

QUESTION #10

The most important factor in one’s ability to interpret accurately the nonverbal messages of others is skill of disciplined observation.

False Most important: Familiarity (with the person being

observed).

Judge observing a stranger vs. judge observing a person he/she knows well.

LISTENING & RESPONDING EFFECTIVELY

Utilize the Thought-Speech Differential

Ask and Solicit Questions

Use Paraphrasing (2-way)

Control Interruptions

LISTENING

THE THOUGHT SPEECH DIFFERENTIAL

Spare “Brain Space”

Process 400-500 wpm

Speak 120-180 wpm

Spare “Brain Space”

http://www.youtube.com/watch?v=2pK0BQ9CUHk&feature=fvsr

“Give me a little more information about…”

“Help me understand…”“Give me an example…”

ASK AND SOLICIT QUESTIONS

“You are required to sign a piece of paper promising the court to do certain things. If you do not keep your promise, the consequences are… Are you clear what you need to do? What is that?”

PARAPHRASE

“When you speak, I will be sure that you are not interrupted either.”

“Remember one of the ground rules…”

“I’m going to call for a recess (or continuance) in this case.”

Holding up your hand.

CONTROL INTERRUPTIONS

Stay Impartial Stay CalmEngage and ListenExpress the Desire to HelpBe FirmDisengage when Necessary

RESPONDING TO EMOTIONS

“I’m sorry, but we are simply out of time.”

“I have to leave enough time for other people here in the courtroom.”

“I would like you to talk with the (court staff) person while I move on to the next case.”

“I am going to take a short recess.”

DISENGAGEMENT AND SAYING “NO”

NONVERBAL EFFECTIVENESS

Eye ContactFacial ExpressionsVoicePostureGesturesArtifactsTime and Setting

DELIVERY

Model Courtroom (2nd Floor)Present for maximum of 5 minutes

Recorded (with or without feedback)

Response from peers

MOCK TRIAL OBSERVATIONS

WWW.JILLTOLLES.COM