VIDEO REVIEW: A SKILLS BUILDING TOOL

The Value of Video

Jennifer Shapiro, pictured here, stands before a jury of her peers – students in her comprehensive trial advocacy class at Seattle University Law School. She delivers her first opening statement in the class. It’s not her first opening because she has competed in mock trials before.

As she delivers the opening, a fellow student videos her. After Ms. Shapiro delivers her opening statement, she takes the video card and loads the video on her computer so that later she can watch and critique her performance. The goal of the video review is to see herself as others see her and by this means improve performance. Shortly, we will come back to what she learned.

At the National Advocacy Center in Columbia, South Carolina, where federal and state prosecutors receive advocacy training, the courtrooms serve as classrooms. Each courtroom has multiple cameras that feed into a video room. Student prosecutors are videoed as they do everything from opening statement to appellate argument. Following each performance and courtroom critiques, the prosecutor picks up the video in the video room and goes to a video-review room where a faculty prosecutor sits with the student-prosecutor and critiques the student’s performance while it is shown on a television monitor. While the critiques in the courtroom focus on content and speech, the video-review critique concentrates on non-verbal communication.

Video review is common in other trial advocacy training settings. For example, the Advance Trial Advocacy Course conducted at the University of Montana Law School is like that used at the National Advocacy Center. On the other hand the equipment we use in the Seattle University class is neither fancy nor expensive - a handheld Kodak PlaySport video camera on a small tripod placed on a jury box rail. However, both the picture and sound are good enough to accomplish the task.

Seeing yourself as others see you can be a painful experience because you are your own worst critic. Initially, you might focus on such things as needing to drop a few pounds or your hair thinning on top. But, after you get past that, you discover ways to improve.

Video review is best used to correct and perfect nonverbal communication skills. You can see distracting habits, such as pacing (watching the video in fast forward can produce an amusing dance), awkward fiddling with a pen or looking down at notes. You can adjust your behavior so that you maintain eye contact with the jurors, have good posture and gesture naturally. It is also helpful to hear your voice so that you can get better. You can learn to do such things as modulate your voice rather than have a constant monotone, pause to take advantage of silence rather than going at a steady pace and slow down rather than rushing ahead. Video review is a valuable catalyst to improve advocacy skills.

Ms. Shapiro viewed her video and this is what she wrote to me:

“I learned a lot from the video review. I have competed in a few mock trials, so I think I have a good understanding of what an opening should consist of substantively, but, as a former teacher, I feel awkward in front of the jury without a white board to point at or a book in my hand. After watching the video, I understand why you told me to, "Watch my hands." It was not until I saw the video that I even knew what I was doing with my hands as I spoke.

“The video was also helpful regarding my recovery if I forgot something or misspoke. In those moments, my appearance to the jury is last on my mind, so it is helpful to see how quickly I recover and what I look like as I try to remember something.

“Overall, the video review was very helpful.”

YOUR OWN WORST CRITIC - PRETRIAL, TRIAL & APPELLATE ADVOCACY TRAINING

VIDEO REVIEW TIPS

Each of us is our own worst critic. That is why a video review is such a valuable tool in pretrial, trial and appellate advocacy training. For that matter, a video review is an excellent aid for any education in public speaking. When an attorney or law student watches a video of their trial performance, the first impression is usually a surface one – I am losing hair up there – I could shed some more weight and so on. Then, the viewer begins to not only see how others see them but also gain both an understanding of what must be done to correct any performance problems and a desire to change.

Video Review as a Training Tool

A video review is an effective teaching methodology for pretrial, trial or appellate advocacy training in either law school or other advocacy training course. For example, the National Advocacy Center in Columbia, South Carolina is a federal facility dedicated to the training of Assistant United States Attorneys as well as state and local prosecutors. The Center has ten courtrooms, which are all equipped to video mock trial performances. Following the in-court performance, the attorney first receives a critique in the courtroom and then goes to a video review room where a faculty member offers a one-on-one critique.

While a professor or trainer critique is valuable, it is not critical. The advocate will gain a great deal just by observing the video performance. As part of my trial advocacy and pretrial advocacy classes at Seattle University Law School, the students are videoed in class, doing such things as opening statement and arguing a motion. They receive in-class critiques. Then, the students view the videos alone and submit reports of their self critiques. The reports on what they learned they need to work on can either be provided by a brief (less than a minute) in-class report or a short e-mail. These self evaluations have proven to be very insightful and constructive.

Pointers for Critiquing Pretrial and Trial Performances

If the advocate receives both a classroom critique and then a later one-on-one critique along with a viewing of the video, here are some approaches that have proven effective for the one-on-one critique:

· Ask the person what they learned from the classroom critiques. This way the professor or trainer can avoid unnecessary overlap of advice;
· Divide the subject matter of the critique with the professor or trainers who are in the classroom. The classroom critique can focus on content while the video review can concentrate on body language, movement and speech difficulties – those things that the person can see and hear on the video.
· Keep the video running during the critique. If the video is stopped for comments, then a line of people will form waiting for their turn and the process will run over the time allotted.

The following are some problems to look for and suggestions on how to correct them:

· Pacing can distract the jury from the message the advocate is trying to convey. Movement is fine if it is purposeful, parading an exhibit for instance. Pacing is normally caused by nervousness, and the trainer can suggest techniques for reducing the nervousness, such as additional rehearsals. Another cure for the pacer and sometimes humorous, is speeding up the video to show the advocate how his dance step looks in fast motion.

· Reading causes lack of eye contact with the jurors and results in poor communication. Preparation is the principle way that an advocate can free herself from reading. The more notes and the smaller the print, the more likely that the advocates eyes will be drawn to the pages which act like an eye-magnets. Notes can be reduced to key words and only infrequently, if ever, glanced at. Another substitute for notes is to use visuals, such as PowerPoint slides; the slides become the notes.

· Fidgeting, such as playing with a pen or playing with change in the pocket, is again distracting. Usually, the advocate will be able to break the habit once it is brought to their attention as they watch the video.

· Sing-song or other monotonous voice patterns can cause boredom and even sleepiness. While a person with a soft voice will need to raise their voice for emphasis, a speaker with a powerful voice can stress a point by softening the voice.

Seeing your self as others see you is a very beneficial pretrial, trial and appellate training tool, that should be part of any advocacy training if possible.