Basic Principles for Persuading GenX and the Millennials
Basic Principles for Persuading Gen-X and the Millennials
1. Communication Methods ØVerbally: 8% ØVocally: 37% ØNon-verbally: 55% 3/10/2021 The Nations Law Firm 2
1. Communication Methods ØSynthesis & Consistency v. Verbal v. Non-verbal v. Vocal Ø Trustworthiness 3/10/2021 The Nations Law Firm 3
1. Data Processing ØAuditory – Sound ØVisual – Sight ØKinesthetic - Sensation 3/10/2021 The Nations Law Firm 4
Like Lawyers 1. Dynamism 2. Efficiency 3. Trustworthiness 3/10/2021 The Nations Law Firm 5
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Generational Designations ØG. I. : ‘ 01 – ‘ 24 Reagan/West ØSilent: ‘ 25 – ‘ 42 MLK/O’Connor ØBoom: ‘ 43 - ‘ 60 Ø Gen X: ‘ 61 – ‘ 81 ØGen Y: ‘ 82 – ‘ 02 3/10/2021 The Nations Law Firm Clintons Kobe Kunis 7
Generational Designations Ø X ‘ 61 - ’ 81 Michael Jackson Kobe Bryant Leonardo Di. Caprio Serena Williams 40 Million 3/10/2021 The Nations Law Firm 8
Generational Designations Ø Y: ‘ 82 to ‘ 02 A/K/A Millennials Mila Kunis Zac Hanson The Olsen Twins 75 Million 3/10/2021 The Nations Law Firm 9
Coming Soon to a Courtroom Near You the Sequel: W 3/10/2021 The Nations Law Firm 10
Jury Pool ØBoomers 80 Million ØGen X 40 Million ØMillennials 75 Million 3/10/2021 The Nations Law Firm 11
Generations X & Y ØGenerational Cohorts ØCore Values and Cohorts ØEvents that occur at various critical points in the group’s lifetime create cohorts and define core values. 3/10/2021 The Nations Law Firm 12
Generations X & Y ØGenerational Cohorts: v. Sociological events at “economic adulthood” create lifelong attitudes towards jobs money, and savings. 3/10/2021 The Nations Law Firm 13
Generations X & Y ØGenerational Cohorts: v. Sociological events at “sexual adulthood” influence core values about permissiveness, tolerance, gender roles and sexual behavior. 3/10/2021 The Nations Law Firm 14
Generations X & Y ØGenerational Cohorts: these core values are carried through life largely unchanged. ØGenerational Predispositions exist within these cohorts that may be acknowledge, understood and utilized by knowledgeable attorneys. 3/10/2021 The Nations Law Firm 15
Warning: Caveat Emptor + ØHasty Generalizations ØGenerational Anecdotes 3/10/2021 The Nations Law Firm 16
Current Data ØSociological Generational Studies v. Demographic Research v. Forensic Psychological Applications 3/10/2021 The Nations Law Firm 17
Generation X 3/10/2021 The Nations Law Firm 18
Generation X ØBorn ‘ 61 – ‘ 81 ØAges 33 – 53 ØX = Lack of Generational Cohorts ØNo Strong Self Identification 3/10/2021 The Nations Law Firm 19
Generation X ØGenerational Social Phenomena ØHighest Divorce Rates ØDisrespect for Divorce Laws ØDwindling Education ØHigh Crime Rate 3/10/2021 The Nations Law Firm 20
Generation X Characteristics ØStability v. Seek balance and perspective v. Emphasis on leisure & entertainment v. Home office 3/10/2021 The Nations Law Firm 21
Generation X Characteristics ØStability v. Stay home longer v. Closer to parents v. Postpone independent living v 51% admire parents most v. Take responsibility for aging parents 3/10/2021 The Nations Law Firm 22
Generation X Characteristics ØSelf Reliant v. Both parents outside home v. Grew up as extremely independent v. Reagan social cuts – no one will care for me v. Personal responsibility 3/10/2021 The Nations Law Firm 23
Generation X Characteristics ØSelf Reliant v. No reliance on government v. Take care of own heath care v. No deference to authority 3/10/2021 The Nations Law Firm 24
Generation X Characteristics ØEmployment v. No security v. No confidence v. No security means own business v. Declining wages generation 3/10/2021 The Nations Law Firm 25
Generation X Characteristics ØPolitics v. Post Nixon attitude towards politics v. Weakest attachment to political parties v. Lowest Voter Participation v. No belief in Politicians 3/10/2021 The Nations Law Firm 26
Generation X Characteristics ØPolitics: the X factor v. Post Nixon attitude towards politics v. Weakest attachment to political parties v. Lowest Voter Participation v. No belief in Politicians 3/10/2021 The Nations Law Firm 27
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Generation X Characteristics ØDiversity v. More “tolerant” v. Ethnically diverse v. Ethnic acceptance, e. g. , music 3/10/2021 The Nations Law Firm 29
Generation X Characteristics ØGen X Women v. Greater importance on home and family that they missed v. Will not compromise family and quality of life for a career 3/10/2021 The Nations Law Firm 30
Generation X Characteristics ØGen X Women v. Disavow association with feminism v. Daughters of Boomer feminist v. Claim benefits but disavow associations 3/10/2021 The Nations Law Firm 31
Generation X Characteristics ØConservative Mentality v. More conservative than Boomers v. Skeptical towards blind liberalism v. Skeptical re: anti-corporate mentality v. Perfect Targets for Tort Reform 3/10/2021 The Nations Law Firm 32
Generation X Characteristics ØCommunicating with Gen X v. Raised as tort reformers v. Personal responsibility v. Frivolous lawsuits generally v. Frivolous malpractice case v. Greedy Trial Lawyers 3/10/2021 The Nations Law Firm 33
Generation X Characteristics ØConservative Skepticism v. Reject Boomer rhetoric regarding: u. Cheer for the Underdogs u. Evil corporate America u. Equality for All = “too idealistic” 3/10/2021 The Nations Law Firm 34
Generation X Characteristics ØConservative Skepticism v. Aids crisis created conservation and cautious mentality v. Value oriented in products v. Cautious with money 3/10/2021 The Nations Law Firm 35
Generation X Characteristics ØConservative Skepticism v. Learn best though imagery Aids crisis v. Not seduced by flashy advertising v. Recognize and reject “flashiness” 3/10/2021 The Nations Law Firm 36
Generation X Characteristics ØCynic v. Believe more in UFO’s than in their receipt of Social Security v 25% regard themselves as “Religious”. 3/10/2021 The Nations Law Firm 37
Communicating with Gen - X 1. High regard for long – established tradition. Relate to cases where traditions were broken and seek to restore them, e. g. “Hippocratic Oath”; traditions of the jury system and jury services 3/10/2021 The Nations Law Firm 38
Communicating with Gen - X 2. Persuaded by themes dealing with ethics, rules, and morality, e. g. proto in med-mal, safety rules and regs, ru of the road. 3/10/2021 The Nations Law Firm 39
Communicating with Gen - X 3. Relate to themes that appeal to their pragmatism, e. g. , hope for the best, plan for the worst. This can lead to anti Plaintiff hindsig bias. 3/10/2021 The Nations Law Firm 40
Communicating with Gen - X 4. Resonate to themes that deal with los of self reliance; important, defining Gen X characteristics. 3/10/2021 The Nations Law Firm 41
Communicating with Gen - X 5. Resonate to themes that deal with lo independence important, defining Gen X characteristics. 3/10/2021 The Nations Law Firm 42
Communicating with Gen - X 6. Xer’s mistrust Boomers but value a c relationship with their own parents. 3/10/2021 The Nations Law Firm 43
Communicating with Gen - X 7. They place family ad quality of life ahead of a career. 3/10/2021 The Nations Law Firm 44
Communicating with Gen - X 8. More than any other generation, Xer’ reject whiners and seek to help thos who help themselves. 3/10/2021 The Nations Law Firm 45
Communicating with Gen - X 9. Xer’s are cautious and practical and do not respond to hyperbole, drama and overstatement. 3/10/2021 The Nations Law Firm 46
Communicating with Gen - X 10. Important to support all claims of the Conscious mind evidence. 3/10/2021 The Nations Law Firm 47
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Generation Y The Millennials 3/10/2021 The Nations Law Firm 52
Achieving Focus ØUnderstand Motivations ØShow and Tell – Mostly Shows ØStandard Focus Techniques 3/10/2021 The Nations Law Firm 53
Demographics of Millennials ØBorn ’ 82 to ‘ 02 ØAges 12 to 32 ØChildren of Boomers ØYounger Siblings of X’ers 3/10/2021 The Nations Law Firm 54
Millennials Ø 94% - cell phones Ø 76% - instant messaging Ø 92% - multitask & messaging 3/10/2021 The Nations Law Firm 55
Millennials ØSecond Largest population Ø(75 million) Ø 38% identify ØMore Liberal/Democrat than ever Ø 50% entering college 3/10/2021 The Nations Law Firm 56
Millennials ØUnemployment rate = 20% ØLess health insurance ØHigher rate of obesity ØConcerns re: declining health 3/10/2021 The Nations Law Firm 57
Millennials ØFeel Govt. should do more ØAdverse view of Business ØWant job with self esteem ØHeavily burdened with school debt 3/10/2021 The Nations Law Firm 58
Millennials ØLiving with Parents longer ØAdverse view of Business ØWant job with self esteem ØHeavily burdened with school debt 3/10/2021 The Nations Law Firm 59
Millennials ØAccepting of Authority ØRules Followers ØMost Supervised ØRules of the Road 3/10/2021 The Nations Law Firm 60
Millennials-High School 2000 ØClass of 2000 Top Ten Events 1. Columbine 2. War in Kosovo 3. Oklahoma City Bombing 4. Death of Princess Di 5. Clinton Impeachment 3/10/2021 The Nations Law Firm 61
Millennials-High School 2000 ØClass of 2000 Top Ten Events 6. O. J. Simpson Trial 7. Rodney King Riots 8. Lewinsky Scandal 9. Fall of Berlin Wall 10. Mc. Gwire/Sosa Homerun Race 3/10/2021 The Nations Law Firm 62
Millennials Self - Identifiers 1. Positive Attitude 2. Cooperative Team Players 3. Accepting of Authority 4. Rules Followers 5. Most Supervised 3/10/2021 The Nations Law Firm 63
Millennials Self - Identifiers 6. Smarter 7. Progressive 8. Cutting Edge 9. Better Educated 10. Global 3/10/2021 The Nations Law Firm 64
Millennials ØNear Polar Opposites v. Boomers: Parents v. X'ers: Siblings Not As Susceptible to Tort Reform Law Degree – Goal of Many 3/10/2021 The Nations Law Firm 65
Millennials Ø 12 Key Negative Events 1. 9/11 2. ". com" failures 3. . Corporate Corruption 4. Divided Country 3/10/2021 The Nations Law Firm 66
Millennials Ø 12 Key Negative Events 5. Untrustworthy Politicians 6. Iraqi/Afghan wars 7. Lack of Security 8. Shrinking Salaries 3/10/2021 The Nations Law Firm 67
Millennials Ø 12 Key Negative Events 9. Shrinking Opportunities 10. Outsourcing job 11. Insourcing of Foreign Workers 12. Downsizing 3/10/2021 The Nations Law Firm 68
Generic Communication 3/10/2021 The Nations Law Firm 69
Generic Communication 1. Prime information as in a news story headline followed by lead paragraph Who, What, Where, Why, How? 3/10/2021 The Nations Law Firm 70
Generic Communication 2. Sequence your story to show that you have the proof to back up your allegations. Conscious Mind Appeals First to Hard Evidence of Liability? 3/10/2021 The Nations Law Firm 71
Generic Communication 4. Plaintiff should have a definite plan for rehabilitation. Answer the question: "What are you doing for yourself? " 3/10/2021 The Nations Law Firm 72
Generic Communication 5. Answer the question: "What good purpose will be served award of damages in this cases? Explain how money will make a difference in the life of the plaintiff. 3/10/2021 The Nations Law Firm 73
Generic Communication 6. Avoid a sense of entitlement by your clie show that the "injured party" is doing the best they can with what they have le that they are motivated to improve on their own. 3/10/2021 The Nations Law Firm 74
Generic Communication 7. Avoid "compensating the victim" Majority of men think that the victim is the person being sued. 3/10/2021 The Nations Law Firm 75
Generic Communication 8. Prove that the Plaintiff is both: In Need and Worthy of their help 3/10/2021 The Nations Law Firm 76
Generic Communication 9. Personal Responsibility is generically the Universal Theme. 3/10/2021 The Nations Law Firm 77
Unconscious Mind Appeal Vs. Conscious Mind Appeal 3/10/2021 The Nations Law Firm 78
Conscious Mind Appeal Ø Hard evidence Ø Court's charge Ø Visual Evidence = both Ø Support by Numbers Ø Focused 3/10/2021 The Nations Law Firm 79
Unconscious Mind Appeal Ø Direct communication with the portion of the brain where all decisions are made. 3/10/2021 The Nations Law Firm 80
Unconscious Mind Ø Present tense Ø Visual images - colors Ø Avoid negatives 3/10/2021 The Nations Law Firm 81
Unconscious Mind Ø Rhetorical Devices Ø Metaphors Ø Analogies ØRule of Three 3/10/2021 The Nations Law Firm 82
Unconscious Mind Ø Rhetorical Devices Ø Rhetorical Questions Ø Seek similarities ØAnchoring 3/10/2021 The Nations Law Firm 83
Unconscious Mind Ø Nonverbal communication Ø Vocal communication Ø Neuro Linguistic Programming 3/10/2021 The Nations Law Firm 84
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Focusing on Demographics & Generational Differences 3/10/2021 The Nations Law Firm 86
Focusing on Demographics Ø Conduct Focus Groups within Cohorts Ø Language of the Case Ø Rhetorical Devices 3/10/2021 The Nations Law Firm 87
Focusing on Demographics Ø Technology that Resonates Ø Show and Tell Demonstratives Ø Storytelling Across Demographic Lines 3/10/2021 The Nations Law Firm 88
Focusing on Generational Differences Ø Vanilla Presentation Ø District Groups Ø Mixed Questionnaires Ø Focused Video all Proceedings 3/10/2021 The Nations Law Firm 89
Focusing on Generational Differences Ø 18 – large group Ø 2 x 9 for deliberation Ø Best Method of recognizing difference 3/10/2021 The Nations Law Firm 90
Focusing on Generational Differences Ø 18 – large group Ø 2 x 9 for deliberation Ø Best Method of recognizing difference 3/10/2021 The Nations Law Firm 91
Focusing on Generational Differences Ø Language of the Case Ø Metaphors Ø Rule of three quiz (end of presentation) Ø Rhetorical Devices 3/10/2021 The Nations Law Firm 92
Focusing on Generational Differences Ø Test Graphics Ø Timelines Ø Rules Ø Protocols 3/10/2021 The Nations Law Firm 93
Focusing on Generational Ø Test Cross Generational Differences Storytelling Ø Test Case Specific Facts Ø Test Responses to each element of damages, e. g. mental anguish 3/10/2021 The Nations Law Firm 94
Psychology - NLP Ø Reptile Ø The Culture Code Ø Rules of the Road Ø NLP 3/10/2021 The Nations Law Firm 95
Targets of Persuasion: The Brain ØCortex: cerebral hemispheres Ø Limbic: hippocampus, amygdala, hypothalamus Ø Reptile: brain stem and cerebellum 3/10/2021 The Nations Law Firm 96
Clotaire Rapaille The Culture Code Brain: -reptile: lust, fear. aggression -limbic: emotions cortex: high reason - The reptile always wins 3/10/2021 The Nations Law Firm 97
Clotaire Rapaille The Culture Code Health & Wellness: Movement Doctor: Hero Nurse: Mother Hospital: Processing Plane Defendant: was off Code 3/10/2021 The Nations Law Firm 98
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