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I once represented a woman whose farm had been contaminated by oil that leaked from huge tanks across the highway from her property. Opposing counsel was far more experienced in this kind of litigation. But I learned that outcome of the case itself had less to do with the facts than how I conducted myself – a lesson that applies when advisors present to prospects.
In one memorable moment, I was conducting the direct examination of my client’s doctor. He was testifying about her emotional distress at not being able to occupy her home for an extended period during a lengthy environmental clean-up process. This kind of examination is very technical. Opposing counsel objected 27 times. And each time his objection was sustained. I kept re-formulating the question but struggled to get it right. On the 28th effort, the objection was overruled.
The jury delivered a huge verdict for my client, which was a surprise to everyone, especially me. When I interviewed the jurors, here’s the essence of what they told me: “We felt sorry for you. We didn’t like the way the other lawyer and the judge were treating you.”
Clearly, it wasn’t my advocacy or the way I marshaled the facts that swayed the jury. This was an important lesson and one I still benefit from today.
Don’t count on messages to persuade people to move in your direction. An unrelated factor is more likely to do the job.
Consider academic studies showing why diners leave larger tips for waiters. While the quality of the food and service are both obviously important, other variables play a significant role. Here are some examples:
- Servers who introduce themselves by name, accompanied by a broad smile, generate higher tips.
- Female servers who wear flowers, barrettes or similar ornaments in their hair get bigger tips.
- Female servers who touch the shoulders of male and female customers lightly are tipped more than those that don’t. Customers who are touched also drink more alcohol.
- Repeating the customers’ order generates higher tips.
