September 10th, 2017

Stanislavski and The Super-Objective

 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).

    June 9th, 2017

    Talking to the Subconscious Mind

    Decisions are made using our conscious mind and our subconscious mind. Emotional decisions are made at the subconscious level, then justified by the conscious mind. To ignore the subconscious mind when working with others on making decisions is to ignore the decision making part of the group mind. 

    In Medical Hypnotherapy (Peaceful Planet Press 2007) Tim Zimmerman Sierra outlines nine rules for effective communication  with the subconscious:

    1. Speak in Positive Terms.  This is because the subconscious does not register a negative.  Rather it forms pictures and responds to imagery. Although we consciously understand a negative, our subconscious mind only understands the picture formed. Thus, when speaking in negative terms the subconscious mind only registers a picture and responds to the imagery of the picture. For instance if a golfer tells himself “I don’t want to hit my ball into the water” the subconscious mind pictures the water and images hitting the ball into the water. Id. at 111.

    2. Speak in the Present Tense. The subconscious mind is effectively moved if the goal is occurring now.  Mr. Zimmerman Sierra says word  therapeutic suggestions so that the client sees the desired goal happening now. 

    3. Paint Pictures. Here we tell our story in a descriptive way calling into play the listeners past similar experience. Then her subconscious mind accesses her picture of a similar experience as she follows us based on her imagery.

    4. Give a Reason. The suggestion is more likely to be accepted by the critical faculty of the conscious mind “and passed to the subconscious mind when it is linked to something that seems logical.” Id. at 112. “The subconscious is constantly making associations, and is primarily interested in two types of information-meaning (A means B) and causality (B occurred because of A). Therefore, you give the subconscious what it is looking for by using reasons in your suggestions.”

    5.  If too great, make it incremental. To be effective our suggestion must be believable. Thus, if the suggestion seems too big or too far off use incremental suggestion language that indicates change over time: “more and more now,” “every day and in every way,” “becoming,” “growing,” and “greater.”

    6. Include Timing. Avoid words like “will,” “soon,” and “tomorrow.” These future words are meaningless to the subconscious.  This is because to the subconscious mind the only time is now in the present moment. “Whenever possible, include specific information about when or under what circumstances the… [suggestion takes place].” Id. at 114.

    7.  Suggest Action.  Here we are instructed to suggest to our listener’s subconscious- take action to accomplish what needs to happen. “When suggesting  action, be sure to connect taking the action with achieving the goal… .” Id. 

    8. Use Positive Emotions. Strong emotional words help to open the conscious mind and lead to a more powerful impression on the subconscious. Thus, we are to “[u]se words that generate compelling positive images.” Id. at 114. This creates positive imagery that is “emotionalized.” Id.

    9.  Specific and Short. Use common easily understood language. Be specific and clear on what the goal is. Refrain from language that is too general. Rather be specific and avoid generalizations. 

      May 29th, 2017

      Stanislavski and The Threshold of the Subconscious

      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.