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the NALS docket December 2011 : Page 4

organization’s credibility, and be positive, likeable, confident. Of course, this includes being sincere and knowledgeable about your subject. You can use subconscious techniques like mirroring the person’s body language, getting them nodding, using reciprocity, or over asking and making your second request the real one. But without trust and credibility, these techniques will not get you far in winning someone over or inducing a particular action. For example, without an underlying relationship built on trust and credibility, I never could have persuaded three members in my bar association to be guinea pigs in a new e-newsletter last month. They agreed to be the first featured members, in part, because they trusted that the association and I would produce a quality publication. 2. Appeal to Their Interests, Values, and Needs When trying to persuade someone, consider that person’s interests, values, and needs. Stand in her shoes and see the subject from that point of view. Listen to and respect the other person. Then tailor your comments to appeal to her interests and needs, and so she sees the benefit to herself. If you can, show how she will benefit, i.e. provide real life examples. PRACTICAL POINTERS ON PERSUASION By Elizabeth Jolliffe How can you convince your boss to give you greater independence on a project? Perhaps you have to increase membership in your organization. Today you might even be trying to get someone to change their behavior, give you a raise, buy something, or support a cause. We encounter situations daily in which we are trying to persuade someone else to hold a certain belief or act a certain way or someone is trying to persuade us. Instead of trying to win an argument or force something on someone, what can you do to polish your power of persuasion for these daily encounters? Much has been written about the art of persuasion, including Dale Carnegie’s 1936 classic How to Win Friends and Influence People. If you have not read it, I recommend this little old book. If your time is limited, however, following are some key pointers on persuasion. 1. Trust and Credibility People do business with people they know, like, and trust. We use doctors, babysitters, hairdressers, and lawyers with whom we have experience or who are recommended to us because someone else we trust knows, likes, and trusts them. We want assurance that they are trustworthy and very good at their job. We patronize franchises because we know what to expect. They have credibility in our eyes. Similarly, your relationships with the people you seek to persuade also play a key role in your ability to persuade them. The more trust and credibility you have with them, the easier it is to persuade them. Moreover, you have probably found that you personally are more easily persuaded by people you like. Therefore, even in brief encounters involving persuasion, try to establish trust as well as your own credibility or your Align your position with the other person’s interests, appeal to what is important to her, and then communicate clearly and with compelling evidence how the matter is advantageous for her. Sales people make small talk with a customer and then say something like “I can see quality is important to you” or “this vehicle has all the features a growing family like yours will need.” Lots of children are very skilled at persuading their parents to do something by appealing to their parents’ interest in avoiding a public scene. For example, to persuade your supervisor to give you more responsibility on a project, consider his concerns and what is important to him. Figure out how giving you more responsibility aligns with his interests and is advantageous for him. Communicate clearly and provide evidence of your readiness and a plan that eliminates his concerns. When persuading my colleagues to be guinea pigs in the e-newsletter, I appealed to their interests in marketing their legal services in a unique, personal way. Knowing that time is precious, I also made it very easy for them. Similarly, to persuade new members to join the organization, we are focused on demonstrating how we meet their interests and needs. 3. Whose Idea A last bit of advice comes from lawyers who are excellent brief writers. They advise new lawyers to let the judge follow the bread crumbs. Do not force the conclusion on the judge. When you seek to persuade, let the other person think the idea was his. Elizabeth Jolliffe is a certified career management and business development coach for lawyers. She practiced for 19 years as a business litigator and partner at Clark Hill PLC in Detroit. Elizabeth helps her clients take charge of their practice and career. She is the president of the Detroit Metropolitan Bar Association. Elizabeth@ YourBenchmarkCoach.com the NALS docket 4

Leading The Way

Elizabeth Jolliffe

PRACTICAL POINTERS ON PERSUASION<br /> <br /> How can you convince your boss to give you greater independence on a project? Perhaps you have to increase membership in your organization. Today you might even be trying to get someone to change their behavior, give you a raise, buy something, or support a cause.<br /> <br /> We encounter situations daily in which we are trying to persuade someone else to hold a certain belief or act a certain way or someone is trying to persuade us. Instead of trying to win an argument or force something on someone, what can you do to polish your power of persuasion for these daily encounters?<br /> <br /> Much has been written about the art of persuasion, including Dale Carnegie’s 1936 classic How to Win Friends and Influence People. If you have not read it, I recommend this little old book. If your time is limited, however, following are some key pointers on persuasion.<br /> <br /> 1. Trust and Credibility <br /> <br /> People do business with people they know, like, and trust. We use doctors, babysitters, hairdressers, and lawyers with whom we have experience or who are recommended to us because someone else we trust knows, likes, and trusts them. We want assurance that they are trustworthy and very good at their job. We patronize franchises because we know what to expect. They have credibility in our eyes.<br /> <br /> Similarly, your relationships with the people you seek to persuade also play a key role in your ability to persuade them. The more trust and credibility you have with them, the easier it is to persuade them. Moreover, you have probably found that you personally are more easily persuaded by people you like. Therefore, even in brief encounters involving persuasion, try to establish trust as well as your own credibility or yourOrganization’s credibility, and be positive, likeable, confident. Of course, this includes being sincere and knowledgeable about your subject.<br /> <br /> You can use subconscious techniques like mirroring the person’s body language, getting them nodding, using reciprocity, or over asking and making your second request the real one. But without trust and credibility, these techniques will not get you far in winning someone over or inducing a particular action.<br /> <br /> For example, without an underlying relationship built on trust and credibility, I never could have persuaded three members in my bar association to be guinea pigs in a new e-newsletter last month. They agreed to be the first featured members, in part, because they trusted that the association and I would produce a quality publication.<br /> <br /> 2. Appeal to Their Interests, Values, and Needs <br /> <br /> When trying to persuade someone, consider that person’s interests, values, and needs. Stand in her shoes and see the subject from that point of view. Listen to and respect the other person. Then tailor your comments to appeal to her interests and needs, and so she sees the benefit to herself. If you can, show how she will benefit, i.e. provide real life examples.<br /> <br /> Align your position with the other person’s interests, appeal to what is important to her, and then communicate clearly and with compelling evidence how the matter is advantageous for her.<br /> <br /> Sales people make small talk with a customer and then say something like “I can see quality is important to you” or “this vehicle has all the features a growing family like yours will need.” Lots of children are very skilled at persuading their parents to do something by appealing to their parents’ interest in avoiding a public scene.<br /> <br /> For example, to persuade your supervisor to give you more responsibility on a project, consider his concerns and what is important to him. Figure out how giving you more responsibility aligns with his interests and is advantageous for him. Communicate clearly and provide evidence of your readiness and a plan that eliminates his concerns.<br /> <br /> When persuading my colleagues to be guinea pigs in the e-newsletter, I appealed to their interests in marketing their legal services in a unique, personal way. Knowing that time is precious, I also made it very easy for them. Similarly, to persuade new members to join the organization, we are focused on demonstrating how we meet their interests and needs.<br /> <br /> 3. Whose Idea A last bit of advice comes from lawyers who are excellent brief writers. They advise new lawyers to let the judge follow the bread crumbs. Do not force the conclusion on the judge. When you seek to persuade, let the other person think the idea was his.<br /> <br /> Elizabeth Jolliffe is a certified career management and business development coach for lawyers. She practiced for 19 years as a business litigator and partner at Clark Hill PLC in Detroit. Elizabeth helps her clients take charge of their practice and career. She is the president of the Detroit Metropolitan Bar Association. Elizabeth@ YourBenchmarkCoach.com<br /> <br /> Finish Strong<br /> Kathie Amirante<br /> <br /> Have you ever noticed how we start the year with great energy, intention, enthusiasm, and passion only to lose our momentum about halfway through the year? It could be January 1 when we have made resolutions and we are excited about the New Year and what it will bring, but we peter out about February 1. It could be in September when the new school year starts. Our children are back in school, excited to be there renewing friendships, meeting a new teacher, and getting all those new books, but then start to wind down about Halloween. In our association world, our excitement starts in March or April. We have been to the Professional Development Conference, we are looking forward to our annual meetings and installations coming in April and May, and we have grand ideas and a lot of excitement for the year ahead.<br /> <br /> During the summer months the pace slows down a bit. Members are on vacation, kids are home, and distraction sets in. Fortunately, our region meetings do help rejuvenate us and we are again on the upswing with a lot of new ideas and positive motivation. We jump back into planning new programs, membership drives, court observance programs, and then holiday parties. Your committees are in place, and everyone is ready to give their time and talent to growing your chapter. If we could only bottle this enthusiasm to keep us on track. But it does seem no matter what we do, about the last quarter of the year, we become tired, distracted, stressed, and frustrated instead of being mentally strong, focused, fundamentally sound, and passionately driven.<br /> <br /> This is when the words FINISH STRONG become important. As Jon Gordon puts it, “They are only two words yet FINISH STRONG powerfully says that how you start does not determine the outcome. It is how you finish that matters.”<br /> <br /> I would like to challenge NALS leaders at all levels to keep this in mind over the next few months. We are more than halfway through the 2011-12 year. March will be here in the blink of an eye and the new officers and committees will take NALS to a new level. However, before that happens, we have a chance to end this year with greatness. If you have set a personal goal, a chapter goal, or a state goal, stay focused. Set down the actions that are still required for you to reach this goal, and prepare your timeline to FINISH STRONG by accomplishing all you set out to do this year. To achieve greatness requires determination, a strong mind, and the willingness to see things through to the end.<br /> <br /> For each member and for NALS, I ask that we all FINISH STRONG!!!<br /> <br /> Resolutions<br /> Bonnie Hole<br /> <br /> Most everyone at this time of the year makes some sort of resolution for the New Year. Are you one of these people? If so, maybe one of the following resolutions is for you:<br /> <br /> 1. Be it resolved that I will be a better person this year, whether it be at home, at play, or at work.<br /> <br /> 2. Be it resolved that I will make a commitment to better serve my community and follow through with my commitments to a successful conclusion.<br /> <br /> 3. Be it resolved that I will be more patient with my children, my spouse, my friends, and my coworkers.<br /> <br /> 4. Be it resolved that I will further my education to improve my job skills.<br /> <br /> 5. Be it resolved that I will commit to working on a committee or task force for NALS on the local, state, or national level.<br /> <br /> These are but a few of the resolutions you could make for yourself. There are so many more and each is an individual choice. One that is mentioned indirectly on this list is to improve your job skills so that you are more marketable in the job force. How would you accomplish this? Let me explain.<br /> <br /> NALS is the premiere professional organization for all legal support personnel. We can learn at our local, state, and national seminars and forums, and we can strengthen our commitment to the legal profession by becoming certified. You may ask how that would be possible and of what benefit it would be to you and/or your boss. Here is the bottom line:<br /> <br /> Education is the key to unlock unlimited possibilities for your professional future. NALS has it all. If you are an entry level legal professional, study for and take the ALS examination. If you have a minimum of three years in the work force, take the PLS examination. For the ultimate professional, take the Professional Paralegal examination. Each certification is a commitment to excellence, and a successful conclusion to hard work. It is rewarding to you, and your boss will reap the benefits derived from your being the consummate professional.<br /> <br /> Each of these examinations is offered during one calendar year, usually more than once. You can study with a study group, online, or by yourself. The choice is yours. The tools are available to you and all you have to do is read, study, learn, strengthen your job skills, and the end result is more selfconfidence, improved skills, and boss appreciation for a job well done. After all, it is our job to make the boss look good every day. What better way to accomplish this task and to gain more self-confidence.<br /> <br /> This coming year should be your year to shine. Resolve to become certified in 2012. You will not regret your choice.<br /> <br /> DO YOU SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH … OR DO THEY?<br /> <br /> By Deborah Waters, FPR, Florida Member-at-Large, NALS Marketing Committee Chair<br /> <br /> Over the years working in courtroom and deposition settings, I have sworn witnesses from all walks of life and worked with attorneys from all over the country. Throughout the years I have also worked with experts and consultants who have come to assist one side or the other and I have learned some pretty interesting things. I would like to share with you how they recognize who is telling the truth, and it may become an invaluable tool for you.<br /> <br /> When a witness takes an oath to tell the truth, that is what one is expecting them to do. Right? But sometimes the deceit starts as early as their raising their hand to be sworn. There are many cues that can be given by this simple maneuver. Although there is no single behavior that someone is definitely lying, there are, as consultants refer, “hot spots.” Sometimes you have to look at the cluster of hot spots. Nonverbal communication is between 60% to 75% of the impact of the message and a person’s body silently and unconsciously speaks the truth.<br /> <br /> The first cue is often given before a single word is even spoken. As usual, a witness raises his or her hand and what does it reveal? What are those little subtleties and signals in body language? Is the hand closed tightly? Opened wide? Thumb in? Thumb out? So, here is what these indications might reveal:<br /> <br /> • If the hand is raised with the fingers together and thumb pulled in, it reveals a potential sign of deception, and the person may become a difficult witness. When the thumb is pulled in and tense, it reveals control over what one is going to say.<br /> <br /> • If the hand is raised with the fingers together and the thumb out, it reveals the witness may be truthful but one will have to beg, borrow, and steal to get the information out.<br /> <br /> • If the witness licks his or her lips and adjusts the way he or she is sitting, it is indicative of someone who is possibly going to withhold the truth.<br /> <br /> • If the hand is raised open and relaxed, the witness is relaxed and more likely to tell the truth. But sometimes the witness may give more information than one really wanted to know.<br /> <br /> • If a witness keeps the hands on the table, it is a position which conveys truth, confidence, and openness.<br /> <br /> • If a witness slouches forward and crosses arms, the witness may already be feeling defeat.<br /> <br /> Then we have the witness’s eyes. Do they look directly at the person? Do they look down? Do they look away? My Grandmother always told me the eyes were a person’s soul. If your witness avoids eye contact, they may be deceitful. But remember, your witness may lack confidence, be nervous, and/or just simply be unprepared.<br /> <br /> In the end, what does it all mean? Perhaps a lot or perhaps very little. There is not a telltale sign which will reveal whether your witness is being truthful, but with the voice, words, and body language, you will be able to tie them together and possibly read them.<br /> <br /> After I swear a witness in, I now spend my days guessing if my assumption of the body language appeared true from the signs. I am usually right. When I see those who have the fingers pulled together and thumb out, I buckle up because it may be a bumpy ride.<br /> <br /> Sometimes the truth, remember, is nothing more than a witness’s perception of the truth. It is what they believe of it.<br /> <br /> “IF YOU WOULD THOROUGHLY KNOW ANYTHING, TEACH IT TO OTHERS.”<br /> <br /> - Tryon Edwards<br /> <br /> By Terry Houston, PP Emerita (AZ), NALS Education Committee Chair<br /> <br /> So who is Tryon Edwards? According to Wikipedia, The Free Encyclopedia, I should be asking “Who was Tryon Edwards?” Edwards was an American theologian from New London, Connecticut; he was born in 1809 and died in 1894 and was best known for compiling the New Dictionary of Thoughts, a book of quotations. He must have had the teaching gene as well because he sure hit the mark when he said “If you would thoroughly know anything, teach it to others.”<br /> <br /> How many times have you tried to learn something new on your own and felt like you just were not getting it until you tried to explain it to someone else? All of us have had that experience at one time or another, and didn’t it give you a nice feeling to realize that you had just unlocked the door to understanding by sharing your thoughts. I am constantly looking for ideas to create inspiring, educational CLE experiences for you, and I find them everywhere I look. Our daily newspaper, The Arizona Republic, ran an Associated Press item last week about President Obama having signed into law a major overhaul of our nation’s patent system. The neighborhood supplement contained a column by a local family law attorney that explained how forming an LLC can help keep a vacation home in the family and provide protection from heirs’ creditors in the future. A regional law firm’s website featured an article by one of the corporate law partners about lenders prevailing in borrowers’ lawsuits to enforce federal home loan modification programs. How about the ABA Journal’s Weekly Newsletter item about the 345-word sentence? We could probably get two hours’ worth of CLE fun tearing that up! Another reader might have glossed right over these items on the way to the sports section but, to me, they have “WebEd! OLC!” written all over them.<br /> <br /> Now I could get on the telephone, call up the authors, and ask them to talk for an hour about something they already know. They might, if they can spare the time; maybe they will hand me off to a junior associate, someone who needs the presentation experience and some free CLE. Or I could share my enthusiasm for teaching and challenge you to learn along with me by creating an online presentation yourself on one of these subjects. I have already given you the source material references, and we can certainly find all the detail we need to work up a one-hour presentation by Googling “new patent law” or “LLC for vacation homes.” Get your best NALS pal to tag-team with you. Have another idea in mind? Great! Keep that free CLE for yourself! Earn teaching points toward recertification and for that Specialty Certificate you are craving.<br /> <br /> I have experienced first-hand your expertise and enthusiasm for the chatroom environment in the seven-week Online Study Group series that wrapped up recently. Some of you have quite the talent for sharing your knowledge. You know who you are and I know who you are. (If we were logged in to the OLC right now, you know I would click that LOL symbol in right here!) Let’s keep that enthusiasm going by working together to create a CLE experience all our own. You will have a nice, friendly audience made up of your peers. It is all online—no driving, no dressing up, no stress. Need some backup security to help find your legs for the first outing? Ask a lawyer you know to log on with you, to field questions and provide an extra measure of authority. My experience with the Education Committee this year has shown that CLE presentations by NALS members—for NALS members— are some of the most popular offerings in the online CLE calendar, and that motivates me to encourage you to get involved and share the reward that comes from thoroughly knowing a thing by teaching it to others.

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