A New Model for Legal Communication: Sensory Experience and Representational Systems

This article will present a model for improving oral legal communication. The discussion will demonstrate how human beings create sensory-based models of the parts of the world they experience\u27 and how these models affect the communication process. The three principal sensory-based channels of communication will be described, and the article will explain how both knowledge and use of these channels can improve the rapport and informational functions of communication. Emphasis will be placed on the lawyer\u27s ability to recognize the world model of the people with whom he communicates and to adapt his own process of communication to insure that he is communicating clearly with all parties involved. It will become apparent how the process of a lawyer\u27s communication should vary depending upon whether the communication is with an individual or with a group. Finally, the article will show how these principles of communication may be used in the preparation and trial of a case

Nonverbal Communication from the Other Side: Speaking Body Language

In this Article, Professor Barkai highlights the relationship between nonverbal communication and the legal profession. The author notes that lawyers are quickly realizing importance of nonverbal behavior in determining the nature of communication and the relationship between the communicators. As such, he sets out to define a broader and more universal role for conscious nonverbal communication in law. His analysis covers the mechanics of body language and the importance of nonverbal communication in the law office whether dealing with other attorneys, witnesses, or clients. Using research drawn from the social sciences, the author concludes that lawyers can consciously speak body language by adopting certain body postures during interviewing and may be able to improve their rapport and better represent their clients

Teaching Negotiation and ADR: The Savvy Samurai Meets The Devil

Negotiation pervades the life of a lawyer. This article discusses some unique approaches I use as part of an experiential learning approach to teaching negotiation and alternative dispute resolution (ADR) skills, which emphasizes communication skills. I. Introduction II. The Angels & Devils: The Limiting Perspective III. The Orange Conflict IV. The Ugli Orange Negotiation ... A. The Student Simulation ... B. Competitive Bargaining with Cardoza ... C. The Ugli Orange Video ... D. Ugli Orange Transcript V. Talking Like a Duck: Effective Communication for Conflict Resolution VI. The Samurai Communicator VII. Communication Training with a Foreign Influence VIII. Communication Skills for Conflict Resolution … A. The Questioning Exercise … B. Active Listening ... C. Putting It All Together IX. Conclusio