You can teach a new lawyer old tricks

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When firms set out to improve associates’ courtroom speaking skills, who best to lead the way than the firms’ experienced litigators?

At least, that’s the thinking at many firms. Rather than relying heavily on consultants, many law firms have created extensive in-house training programs that draw on the skills of the firm’s existing attorneys while supplementing them with established trial practice training programs and the occasional outside consultant.

“We do feel confident that because it’s what we do, it’s something we’re comfortable and happy to teach,” says Anne Reed, a partner at Reinhart Boerner Van Deuren S.C. in Milwaukee.

At Quarles & Brady LLP, the firm has an established in-house training program, but determines on a case-by-case basis whether it’ll seek outside help for associates who need additional courtroom speaking training, says Steven Berryman, a partner at the firm’s Milwaukee office.

Both firms wrap public speaking into training on litigation skills, such as motion, trial, and appellate practice. Quarles uses National Institute for Trial Advocacy (NITA) programs.

“We have an annual NITA program, and more often than not, it’s on topics that have to do with trial presentation, such as direct, cross, and expert examination,” says Berryman.

“We’ve not done any in-house NITA programs on how to stand up and communicate well with a jury or with people generally. Most have been geared toward these aspects of trial work.”

In addition to in-house trial practice sessions, both firms also take advantage of the Milwaukee district attorney’s or public defender’s internships. “We send two lawyers each summer to the DA’s office for six to eight weeks where they talk to as many juries as possible,” explains Reed. “It’s a critical component to the development of our associates’ trial skills.”

Each year, both firms also send associates to intensive off-site training programs, such as NITA or the Trial Advocacy College at the University of Virginia in Charlottesville.

When firms do hire consultants, it’s not just to help associates learn courtroom speaking skills. For example, Reinhart turned to Dr. Karen Greenstreet, president of Greenstreet Consulting in Milwaukee, to create its associate training program 13 years ago.

Greenstreet is a United Kingdom-trained attorney who offers consulting on a range of skills to attorneys and business leaders. She’s been overseeing Reinhart’s associate training program since its inception.

“As part of that program, we train in communication skills, and that includes presentation skills,” says Greenstreet. “I have associates make presentations and critique them, and they critique each other. We evaluate how well messages were developed, whether speakers understood the audience, how well the presentation was delivered, how well they answered questions afterward, and whether they prepared effectively.”

Toni Halleen, an attorney with General Counsel Ltd. and the founder of Fun with Law, a teaching and consulting firm, both in Minneapolis, has also consulted with Wisconsin firms to help associates on their courtroom speaking skills. Halleen’s training is based in part on her improvisational comedy background.

“I teach lawyers how to be effective under pressure on their feet based on the principles of improv,” she says. “You’ve planned and rehearsed, but you get to argue a motion or examine a witness, and something unexpected happens — which it always does. How can attorneys be effective?”

Though improv seem worlds away from the serious business of litigation, some rules are common to both.

“Trusting your instincts is important,” says Halleen. “Also, when you’re stuck, move in a big or small way. It gets your blood flowing, unlocks your mind, and buys you time, if you do it right. People think you’re pausing for effect. And when you’re under pressure, stay right there in the moment. Don’t be so far ahead in your mind that you don’t allow yourself to be there and go on. Those are rules that apply in both improv and litigation.”

Both consultants do group and one-on-one training. Though costs vary depending on firms’ needs, they can range from $1,500 to $5,000.

But is public speaking training even necessary for associates? Absolutely, say the experts.

“Associates are high achieving and afraid of making mistakes,” says Halleen. “I try to help them make mistakes and realize that the world didn’t fall apart. None of us is perfect. The art is to notice it and decide on the spot how to handle it and keep going.”

“You’d think that people who go into the law would be less nervous than people who weren’t trained that way,” adds Greenstreet. “But I do see a great deal of fear and nervousness. However confident associates seem, all of us when we were young lawyers felt a little like imposters.”