Defining moments are created during the delivery of the anecdotes, explanations or stories that make the potent points about your client or your position. They can be delivered at any time during a trial: in opening or closing statements and through direct or cross examination, or during negotiations with an adversary.
How do you set off a defining moment? Use
• A pause
• An emphatic delivery
• Music
• An anecdote
• A story
• A quotation
• Silence before and after the defining moment
Allow time to HUD- hear, understand, and digest. Defining moments offer metaphors. They make you memorable, present a key message and help the audience act on the message.
Modified from Brad McRae and Ricky Nowak, National Speakers Association CD called “Crafting and Delivering Defining Moments”.
Here is an example of a defining moment drawn from the fact pattern of a personal injury case worked on by Med League:
Facts: The driver had just picked up her car at a garage which was supposed to have fixed her brakes. The attorney would say: “Jane pressed her foot against the pedal as she traveled down a hill. NOTHING happened. (Emphasis on “nothing”. (Pause.) She had a choice to make: roll through an intersection against a red light, or steer her car towards a building. (Pause.) She chose the building.”
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