Vermont Bar Journal, Vol. 40, No. 2 Summer 2015, Vol 41, No. 2 | Page 6

President’s Column 6 gether with more effort and diligence than Daniel Day Lewis researching a role. Each of these types is the embodiment of trial stage fright. How we overcome this trial stage fright is by learning how to role play. We may not give the public the Perry Mason moments, but if we can understand that we play a part in the performance of trial, we can shape this role to fit who we are and what serves our clients best. This leads me to my own history of speaking in front of others. Apart from a few disastrous early efforts, my public performing career began in college when I joined a comedy improv troupe. I was a freshman who had few friends and wanted more than anything to belong to a group. Others might have joined a fraternity; I happened to see a flyer about improv. So I auditioned, and it turned out that they needed an awkward white guy who couldn’t sing, and for the next eight years of my life, improv was an essential part of my life. I consider improv to be one of the most important parts of my pre-law school legal education because of what it taught me about how to be a lawyer. By its nature improv is unscripted. If you have watched Who’s Line is it Anyway? you have some sense of improv. It is unscripted theater where performers, through their interactions, build a scene, take it through a beginning, middle, and end, and hopefully make it entertaining. It is theater without a net. To make this work, you have to have a number of strictures governing the scene, you get a few variables from the audience that help define the action, but then you and another person must go out on stage and entertain the audience with a memorable and funny exchange. The reason such activities do not collapse under their own weight and in fact entertain are because of the rules and preparation in place. The first rule of improv is “Yes, and ...” Usually, an improv scene will start with a performer coming out and miming an activity, setting things up. Then the second person enters and gives a suggestion through dialogue. The trick is that first person has to accept what the second person brings. This can be very frustrating. But once you learn to work and trust each other, it becomes easy. The lesson is that you must accept what has been given to you and take it. These are your resources, use them and build on them. The second rule of improv is “practice.” Trust in your other performers, familiarity and dexterity in beginning, sustaining, and ending scenes only come with practice. When I was doing improv, we rehearsed twice a week for several hours. We rehearsed whether we had a show or not. That way if we had to do a scene involving letters of the alphabet or acting in a particular genre, we had tried out ideas on each other, and what the audience saw was polished concepts—funny accents or characters that had been work-shopped, relationships with other performers that had been developed. The third rule of improv is to “be aware of the space.” You are almost never on stage alone and what has happened up to this point matters. If you join a scene where the others have been acting out a group therapy session for people who just cannot understand the popularity of Taylor Swift, you need to incorporate the dialogue and information that your fellow performers have laid out and the characters they have created. You need to bring a character or offer that will stimulate those established characters and be true to the moment. You need to be aware of what space has been created and what the facts of the scene are and what will further the story. The fourth rule of improv is “never waste the audience’s time.” As you can imagine it is very easy to be self-indulgent in improv, to extend a scene because you think you can come up with three more funny lines or because you are enjoying the moment. After college when I was a member of a professional troupe in Boston, this was extremely important. We charged people $15 to see a show. If we did not entertain them, we heard about it, and our reputation and livelihood depended on getting people to come back or recommend us to their friends. If a scene was not getting a good response, it needed to end, and we needed to start a scene that did work. We needed to make jokes and dialogue that held interest to the audience. Each of these four rules of improv are exactly the rules of good trial advocacy performance. We must be ready for “yes and” moments. When a witness says something unexpected, we must be ready to respond and react and exploit the opportunity. We must practice. Too many times I have seen peers struggle with basic trial procedure, forgetting to lay a foundation for a point or to admit a piece of evidence. This is just a matter of practicing the skills. We must be aware of the trial space. This means coming to the courthouse before the day of trial to understand where witnesses will sit, where exhibits can be stored, to understand the distance between you and the jury. It means paying attention during trial to what is happening—to watch jurors’ reactions and have a sense of the pacing and flow of the trial. We must keep the jury, our audience in mind. We forget that we are storytellers and something of entertainers when we try a case. If we cannot keep the jury’s attention or keep them with us as we explore the case, how can we expect a verdict in our favor? THE VERMONT BAR JOURNAL • SPRING 2015 Now I know a number of you probably came into the legal profession and the skill of performance in other ways. There are many paths to performance—speech and debate, journalism, natural extroversion, or being a sociopath who has memorized the acceptable responses necessary to mimic emotions. I only proffer this