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The Litigator’s Brain
Bench-Bar & Annual Conference October 16-17, 2015
PanelistsStephanie Kindt, Managing Partner, Kindtlaw & Human ResourcesRx
Hon. Denis Cohen, Philadelphia Court of Common Pleas
Isabel DiScuillo, Assistant Dean of Admissions, Drexel Univ. Thomas R. Kline School of Law
John Nolan, Office Managing Shareholder and Litigation Manager, Jackson Lewis Philadelphia Office
KINDT LAWSTEPHANIE KINDT ESQ
A Competent AttorneyRule 1.1 of the Pennsylvania Rules of Professional
Conduct : "A lawyer shall provide competent
representation to a client…"
During this Panel You Will….
Discover a model for understanding and managing different personality typesLearn about your own cognitive preferencesIdentify different techniques for persuading othersRecognize ways to increase your effectiveness as a Litigator
Is This Familiar?We just got this case in
and its assigned to
Judge Niceguy, does anyone
know what his personality is
like?
He likes to see the trial exhibits
electronically and in hard
copy
Is This Familiar?
He’s toughAll
business, not very
personableI pissed him off
last time, don’t
know why!
We’re in
trouble!
Fair guy
So the last case I had with him was last year when I
had just returned from maternity leave it was the Smith case and we were on trial for 2 weeks and
when he read the jury instructions
he…
Make sure you get your
documents filed well
before the
deadline Nice guy, and intellige
nt
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From: Thomas Lorenz, Angelika Hӧcker “Wert-voll leben”, Gabal Verlag, Offenbach 2014; Used with permission from OPP.
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From: Thomas Lorenz, Angelika Hӧcker “Wert-voll leben”, Gabal Verlag, Offenbach 2014; Used with permission from OPP.
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12
3
4 5
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9
8
10
11
13
12
1415
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17
18
2019
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22 24
25
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27
28
29
32
31
30
37
35
33
36
34
38
41
42
43
39
40
4445
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50
47
49
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51
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5354
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From: Thomas Lorenz, Angelika Hӧcker “Wert-voll leben”, Gabal Verlag, Offenbach 2014; Used with permission from OPP.
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“An Orderly Reason for Personality Differences”
“…the theory is that much seemingly chance variation in human behavior is not due to chance, it is in fact the logical result of a few basic, observable differences in mental functioning.”
Isabel Myers
And we can see it in people’s behaviorAnd hear it in what they say
The Reason… We Think Differently!
The MBTI is not a test…
It does not measure knowledge, skills, abilities or success
MBTI won’t tell you what job you should have…
MBTI is doesn’t tell your mental health/stability…
You are the best judge of your type…
Knowing your type is empowering….
Self-Awareness is Key
Cross your arms
Preferences
We can engage all preferences but not with same amount of energy!
Non-Preferences
Persuasion and Energy
“If a person with whom you want to communicate has preferences different from yours, that person may stay
engaged for a while. Over time, the person may become frustrated, drained of energy, lose interest and eventually
tune you out completely.”Carolyn Zeisset, The Art of Dialogue
What Are Your Preferences?
How we use and get our energy:Extraversion (E) or Introversion (I)
What we see in a situation (Perceive): Sensing (S) or Intuition (N)?
What we decide to do about it (Judge): Thinking (T) or Feeling (F)
How we manage our outer world: Judging (J )or Perceiving (P)?
E – I PreferencesPeople with a preference for Extraversion direct and receive energy from the outer world.
People with a preference for Introversion direct and receive energy from the inner world.
Let’s dive in and get
this started, I think…here we go!!!!
You Can See and Hear E and I
Prefer action over reflectionTalk things over in order to understand Extend themselves into the environment
Prefer reflection over actionThink things through in order to understand themKeep themselves in the background
Hmm, I have to think about that
S-N PreferencesPeople with a preference for Sensing focus on taking in, and trust, information that is factual and concrete
People with a preference for Intuition like to take in information and trust the meaning behind the details
You Can See and Hear S and N
Sees what is or what wasEmphasizes the pragmaticDesires stability
Sees what could or will beEmphasizes the theoreticalEmbraces change
What matters is
what is happening
right now…give
me the details!
Do you realize what
this could mean? This could be a
system wide
improvement!
T– F PreferencesPeople with a preference for Thinking make decisions based on logical analysis.
People with a preference for Feeling make decisions based on their values and impact on others.
You Can See and Hear T and F
Seek objective clarity in facts and dataSearch for flaws in argumentsStrive to be fair
Accept first, and seek harmonyPrefer to be personally involved in a decisionSearch for points of agreement
Let’s break this down into pros and cons.
What’s most
import here is
the impact on our team
J-P PreferencesPeople with a preference for Judging seek closure and act on decisions.
People with a preference for Perceiving like options, and remain adaptable.
You Can See and Hear J and P
Finish tasks prior to deadlinesQuickly commit to plansTrust the plan
Finish tasks at the deadlineReserve the right to change plansTrust the process
What’s the action plan? We need an agenda.
Lets’ look at this from another angle, there’s always
another way to skin a cat
How you can use MBTI to Persuade
If what you are doing is working…
Keep it up!Examine what you are doing and why it is working
Know your own preferences…
When in Doubt…
Use all 8 Preferences!
Additional ApplicationsInterviews, investigations, depositionsDeveloping negotiation strategiesJury SelectionInternal team communicationsClient relationship developmentStress management
The Power of Perspective
“We do not see things as they are, we see things as we are.”
Anais Nin
“When you change the way you look at things, the things you look at change.”
Wayne Dyer
Next StepsFind a Certified MBTI practitionerTake the (authentic) MBTI assessmentValidate your own Personality TypeLearn about the Strengths and Blind Spots associated with your TypeAssess your internal Team to enhance effectivenessApply it to understand and persuade others
References:• The Art of Dialogue, Carolyn Zeisset, CAPT, 2006, Gainesville, Florida• Wired for Conflict, Sondra VanSant, 2003, CAPT, Gainesville, Florida
• Linda V. Berens 92008), Understanding Yourself and Others: An Introduction to Interaction Styles 2.0, Radiance House, West Hollywood CA.
• Linda V Berens & Dario Nardi (2004). Understanding Yourself and Others: An Introduction to the Personality Type Code, Telos, Huntington Beach CA.
• Isabel Briggs Myers, Mary H. McCaulley (1985). Manual: A guide the Development and Use of the Myers-Briggs Type Indicator, Consulting Psychologist Press, Paolo Alto CA.
• Otto Kroeger and Janet. M. Thusen (1988). Type Talk: The 16 Personality Types That Determine How We Live, Love and Work, Dell Publishing NY, NY.
• Katherine D. Myers & Linda Kirby (1995). Introduction to Type Dynamics and Development: Exploring the Next Level of Type, Consulting Psychologist Press, Mountain View CA.
Thank you!
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