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Archive for the ‘Communication’ Category

The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita

Gallup on lost confidenceLost-confidenceGallup

For several years now, we have watched our mock jurors express increasing disgust at government, large corporations, and politicians. We have written before about their unwillingness to identify with a national political party and the 2014 Gallup Poll showing the same pattern we have been seeing on a national basis.

In a recent pretrial focus group involving an auto accident resulting in death, jurors began spontaneously talking about General Motors and their ignition problems and the choice to keep it a secret (even though GM was not involved in the fact pattern and was not raised in the presentations). They expressed high levels of disgust with GM and then acknowledged that disgust colored their perceptions of the auto manufacturer involved in the current dispute. Then a juror mentioned Wall Street and the mortgage collapse and another mentioned political logjams in Congress and they had to be refocused on the case at hand.

As they deliberated, the themes of disgust and distrust returned repeatedly with jurors who were all-too-willing to assume the worst of the Defendants. From the jurors’ perspectives, the auto maker’s advertising/marketing plan was a lie, the consumer trusted the safety testing as reported, purchased the vehicle, and now they were dead. It could have been any one of them (and when one of them commented on this reality, most of them shook their heads in continued disgust). The damage award was large. The punitive award was larger. And it all seemed affected– or at least consistent with– feelings of disgust and distrust in our institutions.

So when Gallup came out with their recent poll on how Americans are losing confidence in all branches of government, we thought of our mock jurors.

Gallup

In the past 25 years, confidence in our government has eroded pretty consistently with all three branches (the US Supreme Court, Congress, and the Presidency) taking hits as Americans express lower and lower levels of confidence. Currently, fewer than 1 in 10 Americans have confidence in Congress. Does that surprise us? Not really. We’ve been tracking the loss of confidence in public institutions in pretrial research projects over the last 10 years.

From a litigation advocacy perspective, the important thing for defendants is to craft an identity for your client that sets your client corporation apart from the rest. Frame your particular client as different from, or changed from what they once were, and allow jurors to line up in support of corporate change. But you better have credible evidence to show them you really are different because at this point, the public assumes the worst unless you show them something better.

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The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita

WOD-Neuroscience

We regularly follow the neurolaw literature and about a year ago, we blogged about how judges are softer on crime when educated about the brains of psychopaths. Well. Judges are people too and a recently published study shows it isn’t just judges who are affected by neuroscience education. While the idea that flashy pictures alone can unduly influence jurors during a “his or her brain made him do it” defense presentation has been debunked, apparently a lecture on neuroscience can still influence individual ideas about punishment and the Defendant’s responsibility for their actions.

The researchers were interested in seeing if they could manipulate beliefs about free will among their participants. They began with the assumption that most of us believe in free will as opposed to determinism or fate. Then in four separate experiments with undergraduate college students, the researchers measured attitudes toward punishment for criminal behavior and then began to erode the participants beliefs in free will by educating them on neuroscience.

What they found was that as knowledge about neuroscience increased, the belief in free will decreased as did the length of sentences recommended for criminal behavior.

In other words, as participants learned more about the biological (or as the researchers labeled it, mechanistic) bases for behavior, they held the alleged criminal less responsible and believed the punishment should be less severe. The participants educated about neuroscience had less of a desire for retribution than did those who were not educated in neuroscience. From a litigation advocacy perspective, these studies have important ramifications.

If the findings are accurate, a convicted Defendant whose defense included a neuroscience education might receive in a lesser sentence.

The Prosecutor will want to focus on personal responsibility and the controversial nature of neuroscience research in order to maximize punishment decisions.

Shariff AF, Greene JD, Karremans JC, Luguri JB, Clark CJ, Schooler JW, Baumeister RF, & Vohs KD (2014). Free Will and Punishment: A Mechanistic View of Human Nature Reduces Retribution. Psychological science PMID: 24916083

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The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita

OLYMPUS DIGITAL CAMERAMost of us have seen the information that a sedentary lifestyle is dangerous for our physical well-being. Today’s researchers wondered if standing (rather than sitting) for group brainstorming sessions would result in more effective and positive group dynamics and outcome.

They recruited 214 undergraduate students to participate in 3-5 person group-brainstorming tasks. Each group was asked to develop ideas for a university recruitment video which they recorded at the end of their sessions. Each group was filmed as they completed the brainstorming project in a room with a table, whiteboard and notepads. Half of the groups had five chairs around the table and the other half had no chairs. Each participant was given a wristband which measured their level of “physiological arousal” (i.e., how much their skin sweated during the task).

The researchers found the groups without chairs had higher arousal (i.e., they did more sweating) than the groups with chairs.

The groups without chairs were also less possessive of the ideas they individually generated. The researchers called this “reduced territoriality”. The researchers think this might have been due to the closer physical proximity of the groups who had no chairs. They shared the physical space and the researchers think perhaps they shared the intellectual product as well.

The groups without chairs also generated more ideas that were then modified through combining them with the ideas of other group members or improved upon by others. The researchers call this “idea elaboration”.

So in all, it looks like the groups without chairs performed better although they were sweatier. And indeed, the researchers say the group process was better. All groups designed and produced the university recruitment videos as an outcome measure, but there were no differences in the videos produced by groups with chairs and the groups without chairs.

“That is, videos produced by groups working in a room with no chairs were rated by judges as no more polished or creative, than videos produced by groups working in a room with chairs.”

In other words, you might enjoy the process more and standing up is physically better for you, but the resulting product will not be improved. Nonetheless, the authors recommend workplace leaders may want to get rid of chairs and give employees an open space to make collaboration easier.

Obviously, you won’t likely be inclined to ask jurors to stand as they deliberate (and most jury rooms tend to be on the crowded side). However, in your office, “stand-up meetings” or brainstorming sessions might improve both morale and collaboration skills. This research would say you won’t get a better product because of standing, but it might be more fun and create a more effective team.

Knight, AP, & Baer, M. (2014). Get up, Stand up: The effects of a non-sedentary workspace on information elaboration and group performance. Social Psychological and Personality Science. 

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The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita

communicateWe are used to the idea that when speaking, some of us focus more on details and others focus more on the big picture. That preference may communicate more about us to the listener than we are aware. Newly published research says powerful people focus on the big picture rather than on the details. The authors give this example:

“A speaker discussing a massive earthquake might either state that 120 people died and 400 were injured (a concrete statement conveying specific details), or that the earthquake is a national tragedy (an abstract statement conveying higher-level meaning.”

The researchers conducted 6 separate studies with online participants and each study found the same results. It did not matter if the speaker was discussing “a person, a societal issue, or a product; describing something negative or positive; or saying a few words or several sentences”. Those that focus on the “big picture” were simply more powerful in the eyes of the listener/receiver.

The findings are mainly discussed in terms of political leadership where there is danger of being labeled a “policy wonk” (and thus written off as an egghead who does not understand the people) if you speak concretely to show off your knowledge about an area.

On the other hand, politicians who focus on the big picture will communicate more abstractly and often with appeal to the emotion–and will be seen as smarter, more “in touch” and competent.

The researchers offer the example of the 2004 election characterization of John Kerry as a flip-flopper in an ad for the George W. Bush campaign. The ad intimated that a lack of consistency (as seen in John Kerry’s flip-flopping on specific issues) was a negative trait for a leader. The researchers say the power of the flip-flopper label could also be seen as indicative of concrete communication sending a “low-power signal”.

On the other hand, say the researchers, if you only communicate abstractly, you could be seen as having insufficient knowledge about an issue. It’s a tricky balance. The researchers also question the idea of order effects–should you start with concrete communication or with abstract communication? Do you talk about the individual trees (demonstrating concrete knowledge), about the forest (demonstrating a grasp of the big picture), or both?

Effective litigation advocacy requires both approaches to communication. At the start of your interactions with the jurors, you have little standing and no credibility. Your task is to both advocate for your client and to build and maintain rapport with them, for which initially relying on abstract or high-level characterizations may be more effective. It communicates best the answer to “why should I care about this dispute?” To be seen as credible and substantive requires facts, knowledge, and support for the high-level statements, which addresses “Is this a person I can rely on for accurate information?”. While some people tend to think in details while others are more comfortable with the big picture, ultimately both are required, in just the right balance.

Wakslak CJ, Smith PK, & Han A (2014). Using abstract language signals power. Journal of Personality and Social Psychology, 107 (1), 41-55 PMID: 24956313

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bolshevik revolutionWe read a lot and routinely run across tidbits we think you might enjoy and that we would not really want to use an entire blog post to discuss. So here are a few things from here and there that we’ve found in our travels…

Can’t remember all those complicated passwords? It’s a complication of modern-day life. Many sites want complex or at least lengthy passwords and if you don’t use a password manager software–you can spend a lot of time typing in various password combinations and end up locked out for 24 hours (or forever). So here are a few tricks from Slate Magazine. Hint: It’s The Bolshevik Revolution.

Think narcissists can’t be empathic? Think again! Apparently it’s all about shifting their perspective. New research published in the Personality and Social Psychology Bulletin shows narcissists are actually capable of empathy for others. How can it be, you may find yourself thinking? You simply have the narcissist take the other person’s perspective. British researchers measured the heart rates of their research participants to have an objective measure rather than relying on self-report. They report that when participants are instructed to take the perspective of someone who is suffering, all of their heart rates increased whether low in narcissism or high in narcissism. The researchers conclude it is possible, given instruction to take another’s perspective, for the narcissist to be “moved by another’s suffering”.

The psychology of belief and the latest challenge: Gluten sensitivity. The recent research questioning the actual existence of non-celiac gluten sensitivity has been popping up everywhere. We ran across an interesting perspective on it from Derek Halpern over at Social Triggers blog. Derek discusses this latest research finding and all those folks saying, “Yeah, well tell my gut there is no such thing as gluten sensitivity!” in the context of the psychology of belief. It’s confusing, and the science is far from consistent or complete. We’ve seen plenty of examples among mock jurors of data and evidence not having impact on their preexisting beliefs. The dilemma is in part one of which way the wind is blowing in the medical community, as well as the fact that it isn’t just belief if you had the problem before you heard the label. We think you’ll find Derek’s article an interesting foray into the psychology of belief and why it’s so hard to crack a deeply seated belief with data and evidence alone. And it also raises the question about the limits of scientific knowledge and the meaning of data…

If I can just get a bunch of business people on my jury, they will make decisions based on logic. Well, maybe not. The Wall Street Journal recently published a story on how some of the best business minds make decisions–and it isn’t based on data and evidence. The best decisions are made with a combination of data, evidence, and feelings–in a way the researchers see as exemplifying “visionary leadership”. This an interesting article to read for understanding decision-making and for thinking through organization leadership strategies.

Hepper, E., Hart, C., & Sedikides, C. (2014). Moving Narcissus: Can Narcissists Be Empathic? Personality and Social Psychology Bulletin DOI: 10.1177/0146167214535812

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