Facts Can't Speak for Themselves: Reveal the Stories that Give Facts Their Meaning

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Every decision maker is influenced by far more than his or her background and beliefs. Every decision maker has an imagination and they use it to create many more than one version of your client's case story. Then, each judge, negotiator, mediator and juror settles on one private version of your story and decides your case from that version. Facts Can't Speak for Themselves offers trial attorneys proven ways to uncover the full range of those “rewritten” �� stories in focus groups, and how to take their best elements into court and other venues to deliver a story more likely to persuade than the one you thought you had. Highlights include:

How and why legal decision makers construct their own case stories and use them to decide a case;
The importance of crafting and communicating a case to decision makers as a story and why it can be the most direct and influential way to address decision makers;
Which focus groups best reveal the range of stories versions listeners can build from your case;
How to run voir dire like focus groups and focus groups like voir dire;
Why you should never ask focus group members which side in a case they like;
Why you should think twice before ever again asking a “why � question in voir dire or focus groups;
How to leave the � bad juror' mindset behind; and
How to take full advantage of the only four channels available to deliver any legal case.

Appendices include function follows form, a glossary, sample opening statements and small group standards and guidelines.

Facts Can't Speak for Themselves: Reveal the Stories that Give Facts Their Meaning Review

Reading this book reminded me of an article I read last week in The New York Times about an old comedian named Professor Irwin Corey. The article was titled, "A Distinguished Professor With a Ph.D. in Nonsense."

By no means am I implying that Mr. Oliver also has a Ph. D. in nonsense, but as evidenced by this book, he shares the comedian's communication style, such as when Professor Corey explains the meaning of life: "One of the things that you've got to understand is that we've got to develop a continuity in order to relate to exacerbate those whose curiosity has not been defended, yet the information given can no longer be used as allegoric because the defendant does not use the evidence which can be substantiated by."

Professor Corey's shtik was using a hell of a lot of words to say nothing, or using 100 words when 2 would have done the trick. Eric Oliver's shtik appears to be the same.

My complaint with this book is that if Mr. Oliver has "specialized in nonverbal, verbal and implicit communication skills for twenty-five years," as it says on the back cover, how come his writing is so hard to follow and understand? It's a little like trying to dig something edible out of a pile of baby blue crabs; you know there must be some valuable nutrition there, but there's also so damn much shell that you want to just throw the things away; what little meat you do uncover is just not worth the expense of calories it took to dig it out.

I just opened the book at random and put my finger on this sentence: "Because of the commonplace nature of this widespread thinking habit and its familiarity to the driver judging the case, the presenter of the case story should find a way to expose and reframe it before plunging the client's future into machinery in which the public, conscious contradiction almost always loses out to private, unconscious conventions." Dear Mr. Oliver, What the hell does that mean, and why can't you say it more clearly? Why do I have to struggle to understand what you're saying? If you are teaching me how to tell a story, why is your story so hard to follow, so unpersuasive, and so uninteresting?

This experiment has nothing to do with taking the sentence above out of context. Pick up your favorite book on any complex topic and do the same "random sentence" experiment. You'll find that a well-written book is made up of a whole bunch of well-written and easy to follow sentences.

In this case, "the facts do speak for themselves." The book is poorly written.

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