To Stanislavski  the “inner forces” which we must draw upon to try a case at the highest level begins with our feelings. But our feelings must be directed and the master for proper direction of our feelings is our mind. Constantin Stanislavski, An Actor Prepares, (Translated by Elizabeth Reynolds Hapgood).

According to Stanislavski there is a third force that must accompany our feelings and our mind to create our “psychic” trial life. This third force is our “will.” To try our case “freely” these three forces must cooperate harmoniously. Id. at 268.

In acting and in trial there is a danger of falling into a pattern of reading lines. For the actor this means repeating the script. For the trial lawyer this means repeating pre-written questions. To Stanislavski this is seen all to often in theatre, and it is fatal. The lawyer must “speak in his own right as one placed in the circumstances created by [the trial].” On good days we are naturally harmonious meaning our feelings mind and will are coordinated. Id. at 269.

At times there is a lack of feeling for the case, and/or a kind of dread. This may cause us to struggle with imaging the case, preparing with enthusiasm, and/or trying the case naturally. Stanislavski recognizes these times exist. He teaches two steps to jump start our inner forces.

Feelings. To Stanislavski our feelings is the most important member of the triumvirate of feelings, mind and will. The first step to jump start our inner psychic is to call upon our feelings. Here we go inside ourself and remember how we felt in a similar situation as presented in our trial. When our emotions respond we feel the tempo-rhythm that underlies our emotions and gives rise to our external reaction. When this happens we are back on track.

Mind. When we are stagnant we may be unable  to draw on feeling to jump start the triumvirate. The next step is to call on our mind. Here we use our mind to contemplate the facts and circumstances at issue in our case. In calling upon the mind we read depositions and review exhibits as we imagine the factual circumstances. Ideally this will jump starts our feelings and the emotions flow.

Will. Stanislavski does not teach calling on the will to jump start the psychic triumvirate. This is because the actor does not create the script. The actor is at the mercy of the play writer, but we as the trial lawyer are the play writer. Our will is seen in our preparation for trial. Our will is evident in our immersion into the facts. Our will manifests in the initial plastic drafting of the lines for trial. After total immersion and completion of drafting we are able to believe in ourself and our cause. Once this is done we can trust ourself as our mind and emotions respond and we try our case freely and naturally.

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Constantin Stanislavski teaches how to live the facts which in turn teaches how to discuss the facts. In discussing facts this Rudyard Kipling poem quoted, by Paul Luvera, reminds me of factual areas to cover in a deposition and in trial examination, especially cross examination.  

If we try our case mechanically, without recognizing who we are, where the emotional component lies, and how this effects decision making, we try the case without imagination.  This will translate to the jury as being unreal-nothing more than a wound-up machine, an automation.

According to Stanislavsky, to appreciate the relevant what, why, when, how, where and who we must assimilate the facts so we understand what they stand for, where the emotional component lies, and how this impacts us and the decision making process. To do this we internalize the facts so they become an unbroken series of supposed circumstances which are based on our inner vision. Our inner vision is a combination of the relevant facts and our similar experiences.

This creates a conscious reasoned approach to the facts which we have allowed our imagination to personally live so they come to life for us physically as well as mentally. This allows us to discuss the facts at a personal level that has and shows sincerity, the sincerity of who we are.

Every moment we are in trial, every word we speak then is the result of the right life of our imagination. These inner visions create a corresponding mood that arouses our emotions and in turn the emotions of the jury.

See Stanislavski,  An Actor Prepares -Imagination (Translated by Elizabeth Reynolds Hapgood)

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Constantin Stanislavski teaches the word if  has a unique quality that produces “an instantaneous, inner stimulus.” Stanislavski,  An Actor Prepares, (Translated by Elizabeth Reynolds Hapgood). From an acting standpoint Stanislavski says the imaginary use of  if allows the actor to place herself  into the emotional mindset of her character’s problem, condition or event. He teaches the actor to use if  to get to the subconscious mindset of her character. The use of if  has application beyond the theatre.

For example as trial lawyers we can use if  to relate to our client at our subconscious level. To do this we role reverse with our client and ask: What is it like if  I am in the situation of my client. When done as Stanislaviski teaches this results in personally placing ourself into the shoes of our client.

Stanislavski says this works because if  becomes what he calls a “supposition.” He explains if does not demand we believe or not believe. Rather the use of if presents a magical hypothetical that causes us to answer the hypothetical “sincerely and definitely.” When used properly if  has three consequences:

First, if  “does not use fear or force” or make us do anything. Rather it reassures us “through its honesty, and encourages [us] to have confidence in a supposed situation.” This allows us to image the if supposition naturally with our subconscious feelings emerging.

Second, if  brings to the forefront of the subconscious an “inner and real activity” –meaning to answer the if supposition we must imagine ourselves in action. This according to Stanislavski leads to mental activity that results in subconscious creativity. Subconscious creativity gets us to our highest emotional level of thought and being.

Third and most important  when used correctly we do not try to invoke our feelings when using the if supposition. Rather we concentrate on the given circumstance of the situation. When doing this we reach a “sincerity of emotions.” This is because our subconscious  feelings emerge. These are our true to life emotions in the given situation.

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Applied to a trial Stanislavski teaches when the lawyer begins to learn the story of his client he sees it in bits and pieces. It is rare that the lawyer grasps the story instantly and is emotionally touched at a high level. More often he must take the time to internalize the facts and emotions to reach a deep understanding of the story so “a line gradually emerges as a continuous whole.” Stanislaviski, An Actor Prepares, Translated by Elizabeth Reynolds Hapgood (The Unbroken Line). Not until the line emerges as a whole is the lawyer ready to try the case.

A trial is like a play in that there are separate actors and interruptions in a play and separate witnesses and interruptions in a trial. To be successful the lawyer must deal with the interruptions by seeing the unbroken line of the trial so the trial “is an integrated whole made up of individual acts and feelings, thoughts and sensations.” Id.

To illustrate the lawyer has an idea of how the trial will progress from jury selection through closing argument. He should be able to feel how the bits and pieces of the trial will fit together to create one unbroken line that flows from jury selection, to opening though direct and cross into closing. He must see the parts of the trial as fitting together to tell a coherent story. The story of the client from the heart with natural emotion.

Even though the lawyer’s attention is constantly passing from witness to witness and from  document to document  he must never lose track of the emotional theme or unbroken line. Thus he flows with the pieces of the trial to make them an emotional coherent story to which the jury will relate.

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Applied to trial practice, Stanislavski teaches we cannot try a case with natural emotion unless we believe in our client’s story.  Stanislavski says we fall into habits of artificiality when we stay on a surface level with our client. This problem is magnified if we also fail our inner preparation.

“Unfortunately, a natural creative mood is seldom spontaneous.” Stanislavski, An Actor Prepares (Translated by Elizabeth Reynolds Hapgood)(The Inner Creative State). This means on rare occasion we get into a natural creative mood and relate with the jury. More often when this does not occur we resort to mechanical habits.  We introduce false notes. The truth then becomes a trial lawyer convention which the jury sees as artificial as imagination evaporates. See id.

According to Stanislavski: “To grasp the spiritual  nature of  [the trial] it is not enough to use one’s mind or any one ‘element’ by itself. It requires a [lawyer’s] whole power and talent, as well as the harmonious cooperation of his inner forces, with those of the [client].” Id.

Inner preparation requires two things. First we must learn our client’s story. This requires our client reliving the emotions of the initial trauma, the recovery, and post injury ability. Then we must put ourself into the emotional mindset of our client. We internalize as closely as possible the same emotions our client  experienced and is experiencing. We do this by remembering in detail a past experience which caused an emotional reaction similar to our client.

When this “inner preparation” is complete, and the client and the lawyer are on the same emotional wave length, the case is ready for the jury. Once the trial begins all that is needed is the “the stimulus of the simplest sort of suggestion and… the whole harmonious process of establishing…[the] inner creative [emotional] state [is released in trial].” Id. By this Stanislavski means though an internalization of the emotions of our client’s story we are able to trigger those emotions at trial, as our similar emotions are also released.

The result is raw emotional honesty. The jury feels this emotion at its subconscious level. The jury will favorably respond. This is because the jury sees “a clear-cut definite objective…[with] a solid and correct inner state.” Id.

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Constantin Stanislavski in the first of his acting trilogy An Actor Prepares (Routledge, translated by Elizabeth Reynolds Hapgood) calls it “Communion.” To Stanislavski “it is possible to look at and to see or to look at and not to see.” Id. at 212. On stage the actor can see and feel everything that is going on, or the actor can be some place beyond the auditorium. The same holds true for a trial lawyer. 

The Eye is the Mirror of the Soul. Stanislavski teaches for sincerity the eyes must look and reflect “the deep inner content of the soul.” Id. This means to effectively communicate at trial we must internalize and become identified with our cause before we enter the courtroom. We cannot give ourself wholly to our cause until we internalize it and are transformed. This allows us to become one with the jury and our witnesses. To fail to internalize our cause leads to a mechanical presentation that lacks sincerity with a resulting failure of communication with witnesses and jury.

Lawyer and Witness. Stanislavski says a quality playwright presents actors who convey an “inner-communication.” We must do the same with our witnesses. Stanislavski would have the witness take the stand to share her feelings and thoughts with the jury while the lawyer takes in the feelings and thoughts. “When [the jury] is present during such an emotional and intellectual change, [they are] like a witness to a conversation. [The jury] has a silent part in the exchange of feelings, and is excited by their experience.” Id. at 213-14. This only occurs when witness and lawyer “make every effort to maintain an uninterrupted exchange of feelings, thoughts and actions among themselves.” Id. at 214.

Self-Communion. Before we can communicate at an emotional and intellectual  level we must first engage in self-communion. Self-communion occurs when we get in touch with our inner life energy. The Hindus call this our Prana. The Chinese call this our Chi. According to Stanislavski “in addition to our brain … the nerve and psychic center of our being, we have a similar source near the heart, in the solar plexus.” Id. at 215.  We must establish a connection between these two energy centers. The cerebral center is the seat of our conscious (rational) mind and the solar plexus is the seat of our subconscious (emotions). When we make the connection our brain “holds intercourse” with our feelings. When we are at this level in trial we are able to commune with our self “audibly or in silence…with perfect self -possession.” Id. at 217.

Communion with Witness. Stanislavski explains actors have lines. A mechanical actor memorizes her  lines, waits until the other actor finishes and then says her next line. We can easily slip into this habit concentrating only on our prepared questions that automatically follow after the witness answers. To be in communion with the witness we must engage in an “unbroken flow” with the witness. After asking the question follow the answer so your thoughts penetrate the  consciousness of the witness. Here we need to listen, internalize, and add with our eyes what can not be put into words, but shows in our soul there is communion. Then we ask our next question. This connection which requires “concentrated attention, technique, and artistic discipline,” continues through the examination.

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 Stanislavski’s Super-Objective applied to a personal injury trial is the Theme of the Case. In the words of the Stanislavski edited for trial lawyers we learn:

Great trial lawyers know a successful trial must have a “larger, vital purpose…the power to draw all of [the lawyer’s] creative faculties and to absorb all the details and smaller units of [the case]. … [A great theme] is human and directed towards the accomplishment of the basic purpose of the [trial]…it will be like a main artery, providing nourishment and life to both [the plaintiff and the jury].” Stanislavski, An Actor Prepares (Translated by Elizabeth Reynolds Hapgood)(The Super-Objective).

To Stanislavski a great theme is beyond the individual it is “broadly human, and universal in implications.” Id.  Applied to a trial Stanislavski teaches that a lawyer may not be able to come to a conclusion about his trial theme until he conducts several focus groups.  Mock juries help develop the theme;  we are able to hear how non lawyers relate to the facts, and what they feel are important to the case. This will lead to the theme.

To Stanislavski  winning themes often involve “questions of freedom, justice, happiness, great joy, great suffering.” Id. “Above all preserve your super-objective and through line of action. Be wary of all extraneous tendencies and purposes foreign to the main theme.” Id.

Stanislavski also recognizes successful trials involve polarization. “Every action meets with a reaction which in turn intensifies the first. In every [trial], beside the main action we find its opposite counteraction. This is fortunate because the inevitable result is more action. We need that clash of purposes, and all the problems to solve that grow out of them. They cause activity which is the basis of [a great trial].” Id.

Stanislavski gives a three part formula for a great trial: 1) inner grasp (meaning the internalization of the theme of the trial); 2) the through line of action (meaning from jury selection through closing we move with and through; 3) the super-objective (our theme).

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Applied to trial work, Stanislavski teaches the key to success is to reach the state where the subconscious mind functions without interference from the conscious mind. In this state we are relaxed, we have no fear of failure, and we are uninhibited. We forget who we are from an ego self conscious standpoint.

Here “we achieve inner freedom as well as physical relaxation.” Stanislavski, An Actor Prepares (Translated by Elizabeth Reynolds Hapgood)(On the Threshold of the Subconscious). When we reach this state we have truth and faith in our actions. This is the state Stanislavski terms “I am.” Id.

We get to this level by seeding our client’s case into our subconscious mind. Our faith in the case naturally follows and we move toward “I am.” To get to “I am” we discover our obstacles and learn to deal with them.

We eliminate the obstacle of fear by getting in touch with our subconscious mind. We remember an event in our life where we felt similar emotions to those of our client. We emotionally bond with our client.  And we naturally convey this to the jury.

We eliminate the obstacle of vagueness which Stanislavski teaches occurs when “a part may be worked out wrong, or its objectives may be indefinite.” Id. (Indefinite gaps that must be filled). “The only way to deal with [this] situation is by clearing up all that is lacking in precision.” Id. Meaning we fill factual gaps for the jury so our story is clear.  Our story flows without factual gaps.

We eliminate the obstacle of being too conscientious. We sense this problem when we have a feeling of forcing ourself. We are going through emotions we do not have. Here we remember to be ourself.  We trust ourself and swim with the current.

When a lawyer gives himself to the pursuit of the objective of his client’s case, he does it completely. He becomes free to function in accordance with his and his client’s needs and desires. Through his own subconscious experience he tries the case as an expression of his creative subconscious. Id.

When we reach “I am” advocacy we and our client and story merge in the courtroom. We find it easy and pleasant to try the case. We are in the ocean of our subconscious. Id.

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