The Persuasion Occasion

Our guest this week, John Blumberg, author of Persuasion Science for Trial Lawyers, describes how he incorporates developments in psychology, behavioral economics and decision making science into trial presentations.  He describes why information is accepted or rejected by jurors and how decisions by juries can be affected by cognitive overload, mental shortcuts, and biases. He emphasizes the importance of presenting information simply and empowering juries to make their own decisions in an advocates framework, rather avoiding telling jurors what to think in court. John also discusses the concept of false memories and the impact of preconceived beliefs on jury decisions and shares the top three tactics lawyers can use to be more persuasive.

Prof. John Dowling joins us on The Persuasion Occasion to discuss the science of memory and learning. We explore the mechanisms of neurotransmission and modulation in the brain and how long-term memories are formed through biochemical changes in the brain. John dives into the creative and reconstructive nature of memory, the role of attention and emotions in perception and memory, and the creative limitations of AI.

This week we are joined by the nation’s most influential trial consultant, David Ball, to discuss the reptilian brain’s influence on legal decision-making. David shares his insights on understanding juror perspectives, addressing jurors’ potential biases, and comprehending why social media has been a game changer for trial lawyers. We also discuss the importance of clearly defining legal terms, framing narratives that resonate with jurors, and addressing bogus science in courtrooms.

Pat Pattison, a professor at Berklee College of Music, joins us this week to discuss the transformative impact of music and share insights on writing song lyrics, including structure, emotional tone, and intentionality. We discuss the significance of metaphor and authenticity in creating a cohesive and effective song. Pat also shares stories about his life in music, including jamming with the Doobie Brothers and Beach Boys, and discusses various songwriting techniques and trends, including Taylor Swift’s fast writing style.

In part two with Jason Blume, we delve into the elements of a successful and persuasive song. Jason shares invaluable insights and practical advice that can translate from songwriting to any arena. Jason emphasizes that while good songs are plentiful, what sets successful ones apart is their unique angle and fresh approach. He also touches on the importance of song structure, explaining that most hit songs follow a few familiar structures as do persuasive arguments, necessary for effectively communicating a message to listeners.

Songwriter and instructor Jason Blume joins us to share his struggles and successes in negotiation within the music industry. He emphasizes the importance of persistence, networking, and collaboration. In discussing songwriting’s interplay between creativity and business, he highlights the need for songwriters to understand both aspects of the industry. We also dig into the key elements of persuasive songwriting, including melody, repetition, and relatable lyrics.

On this show, Dan Ariely, Duke University professor and noted author, discusses behavioral psychology and persuasion, the dangers of misbelief, and the growing phenomenon of identity polarization in the digital age. Dan shares how misbelief can lead to a distorted view of reality, where everything is seen through the lens of a particular belief or perspective. We also dive into the significance of clear and concise communication in legal settings and the importance of navigating difficult conversations with empathy and respect. 

Dan is the James B. Duke Professor of Psychology & Behavioral Economics at Duke University and founded the Center for Advanced Hindsight. Dan also co-created the film documentary (Dis)Honesty: The Truth About Lies and wrote three-time New York Times bestsellers: Predictably Irrational, The Upside of Irrationality, and The Honest Truth About Dishonesty. His latest book, Misbelief: What Makes Rational People Believe Irrational Things, discusses the distorted lens through which people begin to view the world, reason about the world, and then describe the world to others. 

“When we are stressed, we need  a story with a villain - and that story gives us a sense of control.” - Dan Ariely

This week on The Persuasion Ocassion:

• How misinformation spreads and affects trust in society
• Why misbelief can lead to a distorted view of reality, where everything is seen through the lens of a particular belief or perspective
• Dan explains how stress can lead to misbeliefs and a desire for control
• Why we have low resilience due to decreased time with friends and workplace social isolation
• What  the "funnel of misbelief" is and how it affects our psychology
• How social media can both facilitate and exacerbate the polarization of beliefs
• Why it’s so important to address misinformation and polarization and the potential consequences for democracy and society if we don’t
• Why the legal system needs to catch up with new forms of communication and deterrent mechanisms in the digital age
• Dan shares his story of growing half a beard after being injured 70% of his body and why it inspired him  to explore behavioral economics
• The illusion of explanatory depth, where people often overestimate their knowledge
• Why we should seek out diverse perspectives and engage in constructive dialogue with people from different backgrounds and beliefs

Connect with Dan Ariely:

• Dan Ariely

Connect with David and Jasmine:

• David T. Biderman at Perkins Coie 
• Jasmine Wetherell at Perkins Coie 

This week on The Persuasion Occasion, we welcome noted First Amendment lawyer Floyd Abrams as he recounts his representation of the New York Times in the historic legal battle over the publication of the Pentagon Papers. This 1971 case led to a groundbreaking U.S. Supreme Court ruling affecting freedom of the press. Floyd’s captivating storytelling and description reveals how this fight about fundamental constitutional issues unfolded in a charged political environment.

Join us for an engaging session with Kasia Jagodzinska, author of the Financial Times Guide to High Impact Negotiation. We discuss the negotiation process, how Kasia’s multicultural training served her in international negations at the United Nations, and the influence of psychology on negotiations. 

Kasia considers various negotiation strategies, including the Harvard Win/Win teaching and the FBI’s strategies for crisis negotiations, and observations on new technology.As an associate professor in negotiations at the University of Neuchatel, and senior trainer at the Schranner Negotiation Institute, Kasia is recognized as a national expert to the European Parliament on cross-border mediations and served as a senior advisor to the United Nations in Geneva. She is the author of several books on self-empowerment in high-stakes negotiations, including Negotiation Booster.

Doug Wilson, and DWC President Michele Vives discuss the growth and downturns of mixed-use development. Michele shares her perspective on the dramatic loss in value of downtown real estate and the interconnectedness of commercial real estate and such community issues as homelessness, and our need to address these challenges. Doug, a 40-year veteran of real estate cycles, describes why he is optimistic about downtown urban development and investing in San Francisco properties when others are closing their doors.