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The Articulate Advocate

The Articulate Advocate

Persuasive Skills for Lawyers in Trials, Appeals, Arbitrations, and Motions
by Marsha Hunter 2016 248 pages
4.08
100+ ratings
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Key Takeaways

1. Master Your Body's Checklist to Control Advocacy Performance

"To master the challenge of controlling and coordinating your body as an advocate, you must cope with both your conscious and unconscious behaviors while under pressure."

Physical Foundation of Performance. Advocacy requires a deliberate approach to body control. The physical checklist begins from the ground up, focusing on creating a stable, confident foundation that allows you to communicate effectively under pressure.

Key Body Control Strategies:

  • Plant feet firmly and stand still
  • Center weight evenly
  • Use flexible knees
  • Control breathing
  • Manage hand positions and gestures

Mindful Body Alignment. By consciously managing physical positioning, advocates can transform nervous energy into powerful communication. The body becomes a tool of persuasion, not a source of distraction.

2. Understand and Exploit Adrenaline's Time-Warping Effect

"Adrenaline can be an enemy, making you more nervous and causing you to speak too quickly, or it might befriend you, creating the sense that you have plenty of time to contemplate what to say."

Adrenaline as a Performance Enhancer. The body's natural stress response can be strategically managed to improve communication rather than hinder it. Understanding how adrenaline alters perception of time is crucial for advocates.

Time Warp Techniques:

  • Recognize adrenaline's psychological effects
  • Use perceived slower time to think carefully
  • Create deliberate pauses
  • Maintain calm during high-pressure moments

Cognitive Control. By understanding adrenaline's psychological mechanisms, advocates can transform a potentially debilitating response into a powerful communication advantage.

3. Transform Nervousness into Persuasive Energy

"Say to yourself, 'Good! I'm nervous. That will provide me with extra energy—and energy is the raw material of communicating persuasively.'"

Reframing Anxiety. Nervousness is not a weakness but a potential source of dynamic communication energy. The key is to channel this energy purposefully rather than allowing it to control you.

Energy Transformation Strategies:

  • Recognize nervousness as potential power
  • Use breath control to manage emotional state
  • Increase vocal energy without increasing speed
  • Maintain deliberate, controlled movements

Psychological Judo. By accepting and redirecting nervous energy, advocates can turn what might seem like a disadvantage into a compelling communication tool.

4. Develop Structured Improvisation as Your Core Communication Skill

"The style of thinking you do as an advocate is best described as structured improvisation."

Cognitive Flexibility. Advocates must master the ability to have a clear structural plan while maintaining the spontaneity of natural conversation. This requires a unique mental approach that balances preparation with adaptability.

Improvisation Techniques:

  • Prepare core structural elements in advance
  • Practice speaking without memorizing exact words
  • Allow natural language variations
  • Remain responsive to unexpected developments

Communication Artistry. Structured improvisation is about creating a framework that allows for genuine, responsive communication while maintaining strategic objectives.

5. Use Silence and Pacing as Powerful Persuasion Tools

"Silence is the secret ingredient of persuasive speech."

Strategic Communication Timing. Silence is not empty space but a powerful communication tool that allows listeners to process information and creates emotional impact.

Silence and Pacing Strategies:

  • Use deliberate pauses between phrases
  • Allow time for listeners to reflect
  • Vary speaking pace for emphasis
  • Create anticipation through controlled timing

Cognitive Space. Effective advocates understand that persuasion often happens in the moments between words, not just in the words themselves.

6. Eliminate Thinking Noises and Speak with Purpose

"It is not an issue of intelligence or education; it is habit."

Communication Clarity. Eliminating verbal fillers like "um" and "uh" requires conscious practice and a shift in speaking approach. These thinking noises undermine credibility and disrupt communication flow.

Elimination Techniques:

  • Practice conscious pausing
  • Use silence instead of filler words
  • Develop awareness of speech patterns
  • Create mental space for thought processing

Verbal Precision. Speaking without thinking noises demonstrates confidence, clarity, and professional communication skills.

7. Leverage Gestures to Enhance Communication

"Your hands know which words are important and need emphasis."

Nonverbal Communication Power. Gestures are not merely decorative but an integral part of effective communication, helping to clarify meaning and engage listeners.

Gesture Strategies:

  • Use natural, expansive hand movements
  • Align gestures with spoken words
  • Practice deliberate gesture techniques
  • Understand the "zone of gesture"

Physical Language. Gestures are a sophisticated form of communication that works in concert with verbal expression.

8. Practice Deliberately to Build Advocacy Muscle Memory

"Practice is the path to expertise. It is the only way to improve skill in any discipline."

Skill Development Approach. Consistent, intentional practice is crucial for developing advocacy skills. This goes beyond mere repetition to include deliberate, focused improvement.

Practice Techniques:

  • Practice alone and aloud
  • Use video self-review
  • Create realistic simulation environments
  • Focus on specific skill improvements

Performance Mastery. Effective practice transforms theoretical knowledge into instinctive, powerful communication skills.

9. Choose the Right Attitude for Different Advocacy Moments

"Attitude is a tactical choice."

Emotional Intelligence in Advocacy. Different moments require different emotional approaches. Advocates must consciously select attitudes that support their communication goals.

Attitude Selection Strategies:

  • Match attitude to communication context
  • Use varied emotional tones
  • Shift attitudes strategically
  • Maintain authenticity

Emotional Flexibility. The ability to modulate emotional tone is a sophisticated communication skill.

10. Coordinate Body, Brain, and Voice for Maximum Impact

"How you control your body influences your ability to use your brain to think clearly and your voice to speak persuasively."

Holistic Communication Approach. Effective advocacy requires seamless integration of physical, mental, and vocal skills.

Coordination Techniques:

  • Develop full-body awareness
  • Practice synchronized communication
  • Create consistent performance rituals
  • Align physical and mental states

Comprehensive Communication. True persuasion emerges when body, brain, and voice work together harmoniously.

Last updated:

Review Summary

4.08 out of 5
Average of 100+ ratings from Goodreads and Amazon.

The Articulate Advocate receives positive reviews, with an average rating of 4.08 out of 5. Readers praise its practical tips for improving public speaking and courtroom advocacy. Law students find it particularly helpful, with some preferring it over assigned course materials. The book's advice on breathing exercises for stress management is highlighted. While some find it slightly dry, most appreciate its well-written, illustrated content and quick-reference appendix. Many reviewers recommend it for lawyers and public speakers seeking to enhance their oral presentation skills.

Your rating:

About the Author

Marsha Hunter is a legal communication coach specializing in persuasion for trial lawyers and public speaking for corporate attorneys. Her expertise lies in human factors and performance in high-stakes environments, drawing from sports psychology, linguistics, and cognitive science. Hunter directs "The Articulate Advocate" program at NITA and teaches at various legal institutions. She has trained lawyers for appearances before the Ninth Circuit and U.S. Supreme Court. Hunter has authored articles in legal publications and co-authored award-winning books on advocacy and public speaking for lawyers. Her clients include top law firms, and she has taught internationally for various law societies.

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