Too frequently, attorneys view oral argument as simply a verbal delivery of a written argument. Although important, our words may actually be less important than the voice and body language we use to convey the words. Whether we want to persuade a client, negotiate with opposing counsel or convince a judge, successful oral argument incorporates non-verbal communication cues that help the listener integrate our message.
Albert Mehrabian, former professor emeritus of psychology at UCLA, observed three elements of communication which he called his “7%-38%-55% Rule.” In his studies, published in his book, Silent Messages, Dr. Mehrabian proposed two conclusions. First, there are three basic elements in any face-to-face communication: words, voice and body language. Second, these elements account differently for the meaning of the message. In his study on communications about feelings and attitudes, words accounted for 7%, voice for 38% and body language for 55% of the message.
In oral argument about legal issues — issues themselves founded on written laws — words probably account for more than 7% of the successful adoption of our message. Still, only the inexperienced or inept proceed into oral argument on the assumption that words alone will convince a skeptical audience. This article will help you improve the impact your voice and body language are already having on your audience.
One example of vocal impact on words is to tell someone, “I love you,” but say it with the inflection of a question. It should not surprise anyone that the vocal qualities of that expression lessen the impact on the listener or the believability of the message. Voice conveys enthusiasm, conviction, passion, clarity, deceit, guilt, reverence. Effective communicators understand how vocal traits enhance the words they want to convey.
Our voice is a combined effort of our lungs, diaphragm, larynx, vocal cords, epiglottis, glottis, soft palate, hard palate, uvula, pharynx, trachea, tongue, teeth and lips. We control the production process, often subconsciously, to create a voice that can vary in volume, pitch, tone, articulation, rate and emphasis. Our voice also can be constrained by other factors such as temperature, internal hydration levels, humidity, disease, emotions, excessive alcohol consumption and (my favorite as a kid) inhaling the contents of a helium balloon.
Trying to consciously craft each word through every step of the vocal production process is more awkward than attempting to analyze each component of a golf swing during execution. Years ago I was shy, extremely nervous around people, and afraid I didn’t have anything worthwhile to say. Those emotional qualities, discernable in my voice, caused people not to believe me or not to listen at all.
For years I practiced exercises designed to enhance the vocal qualities I desired. Now, I am comfortable delivering a speech to an audience of several thousand people or just walking up to a stranger and starting a conversation. I still might not have anything worth saying, but at least my voice does not get in the way of the message.
Primary vocal qualities are volume, pitch, tone, articulation, rate and emphasis. When I coach new speakers, I listen for a volume that is audible, dynamic and deep. Pitch should come across natural, full and varied. A raspy or nasal tone might work in country music, but for oral argument our tone should be open, melodious and enthusiastic.
Articulation is the control of our voice that allows us to clearly enunciate. Our rate of speech should come across deliberate, varied and fluent. Finally, effective emphasis in our voice adds an emotional vitality that may persuade listeners even when our words are not fully convincing.
My mother participated in a criminal jury trial several years ago. She told me after the trial that during his argument the defense attorney rolled his eyes in a manner that convinced her the attorney did not believe the words coming out of his mouth. It did not matter what he said afterward; my mother sided with the prosecution. The defense attorney lost the case because he did not understand how his delivery contradicted his words.
Most people think of body language or gestures as primarily hand movements. However, body movements and positioning project dozens of simultaneous messages we need to understand. Gestures clarify and support words, dramatize ideas, add emphasis and vitality, help dissipate nervous tension and function as visual aids. There are four basic types of gestures: descriptive, emphatic, suggestive and prompting.
Descriptive actions clarify or enhance a verbal message. They help the audience compare, contrast, visualize. We might use our hands or relationships between objects to explain size or distance, a smile followed by a frown to show contrast, or stand on our toes to indicate height.
Emphatic gestures underscore what is being said and indicate earnestness or conviction. Body language that adds emphasis includes a clenched fist, a clap, hitting the lectern or a kick into the air. Eye contact, one of the most powerful forms of emphatic gesturing, establishes personal bonds with the listener and can also provide feedback on how your message is perceived.
Suggestive movements portray symbols of ideas and emotions. They create a mood or express a thought. We could shrug a shoulder when indifferent, stand with ours palms up to indicate openness, cross our arms for an opposite effect or blow a kiss.
Prompting gestures are intended to evoke a desired response. They are often included as an impetus to get the listener to take a similar action. Examples include a nod, raise hands or a smile.
When adding gestures to a presentation, create the conditions for gesturing rather than the gestures themselves. That will help your gestures appear as a natural response rather than a choreographed routine. Suit actions to the words and occasions. Make gestures convincing, smooth and well timed. Always gesture with a purpose. If there is no purpose for a particular gesture, drop it and simply allow your hands to hang by your sides.
Years ago, I thought words were the most important part of delivering a message. Now, I believe it may be possible to communicate a message without words. The most effective communication or oral argument harmonizes words, voice and gestures into one convincing presentation.
