THE LEGAL WRITING
CORNER
Who ’ s Afraid of a Little Old Oral Argument ? Try These Coping Mechanisms and You Won ’ t Be
By Jennifer Cook and Denitsa Mavrova Heinrich
A few issues ago , we wrote about the anxiety lawyers experience when faced with writer ’ s block and a looming deadline . To combat the tyranny of the blank page and relieve the stress associated with it , we suggested lawyers use generative artificial intelligence ( GAI ) tools to help brainstorm and write more effectively . In this column , we tackle the anxiety lawyers encounter when faced with turning their writing into oral advocacy and suggest some tools to conquer the fear of public speaking .
Both new and veteran lawyers experience public speaking anxiety . Public speaking anxiety can manifest as a slight case of nerves before an oral argument or near total avoidance of speaking opportunities . We have witnessed first-hand our otherwise star performers in Lawyering Skills dread their appellate oral argument and struggle through it despite their best efforts .
In 2018 , as part of its campaign to alleviate the well-being crisis in the legal profession , the American Bar Association ( ABA ) included in its “ Well-Being Toolkit for Lawyers and Legal Employers ” a public speaking anxiety worksheet . 1 The worksheet ’ s author , Professor Heidi Brown of Brooklyn Law School , is a selfproclaimed public speaking anxiety sufferer , who has grappled with it throughout her career as a litigator and an academic . Brown ’ s openness about her struggle with public speaking anxiety has occasionally triggered responses from the legal community that are less than helpful . One such response ? “ Sorry , but I can ’ t take advice from a lawyer with a fear of public speaking . . . Managing stress is just one of the requirements of being a lawyer .” 2 Brown ’ s rebuttal ? It is just one of the requirements , but lawyers need help — not judgment — to succeed in the legal profession . She writes : “ We should not diminish valuable contributors to our profession . . . . Great golfers and baseball players get the ‘ yips .’ And what do effective team leaders and coaches do ? They provide tangible help .” 3
Thanks to Brown and many others ’ research , writing , and advocacy on performance anxiety and the use of well-being tools to attain peak performance in lawyering , public speaking anxiety is no longer the taboo subject it once was in the legal profession . The fake it until you make it mentality is starting to become a notion of the past . And critical responses like the one Brown received are less likely to happen as the legal profession educates itself about the importance of fostering positive workplace environments and develops training for its members to manage the stress that comes with the profession .
Brown ’ s public speaking anxiety worksheet includes an eight-step process designed to help lawyers cope with performance anxiety . The process involves mental and physical action , along with selfreflection . The goal , according to Brown , is to “ first [ seek ] to understand what drives performance anxiety and fear , and then [ adopt ] mental , emotional , and physical techniques to amplify our voices authentically [ so ] we can thrive in performance scenarios .” 4 Brown ’ s worksheet is now a regular part of our instruction in some sections of the Lawyering Skills II course . It is taught early in the semester so students can begin preparing for their end-of-thesemester oral argument with healthy stress management tools in mind . As Brown reminds us , “ not everyone enters the profession with naturally robust sets of coping mechanisms .” 5 It is one of the reasons why we provide our students with a non-stigmatized space to discuss their fears about public speaking and deliver training to help them succeed despite their fears .
Here ’ s an abbreviated version of Brown ’ s step-by-step worksheet to help you or others cope with the anxiety that arrives with the next oral argument , client meeting , or presentation .
STEP ONE : Envision the Scene & Reflect
Picture a speaking engagement or situation that ordinarily causes stress or anxiety . Then determine if negative emotions , mental messages , and physical discomfort accompany the pictured speaking experience . Be specific . 6
STEP TWO : Evaluate Your Mental & Physical Responses to Performance Events
Evaluate what specific negative mental messages create fear or anxiety . How do they make you feel ? Consider if these messages are actually true . Taking stock of negative mental messages and emotions can help lawyers label them as unhelpful and dispel their power and influence . 7 Also , evaluate your body ’ s physical responses
Jennifer Cook and Denitsa Mavrova Heinrich are faculty members in the Lawyering Skills Program at the University of North Dakota School of Law .
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