Think On Your Feet (PDFDrive)

Think on Your Feet® - Legal Version Leaders Guide
Jacqueline Throop, of Breakthrough Learning Associates, Canada, developed

the following Leaders notes. It’s made up of 5 elements:
y The Leaders Guide (first 80 pages)

y An abbreviated form – or Leaders Notes (25 pages)
y Pre-workshop questionnaire (1 page)
y Sample answers to the questionnaire (2 pages)
y Additional Practice Activities (11 pages)
The guide was developed for Jacqueline’s clients and her particular audience (in
Canada). So we encourage you to take from this what is useful, and then
customise for your group.
If you have any questions or contributions, please let us know. We would love
your feedback.
(Note – if you want to recreate many of the visuals in the guide you will need to
flipchart them. (Better get in early!). Some visuals are from the TOYF® slides, but
many are customised.)
Think on Your Feet®
WELCOME TO
TF-01
© 2003 McLuhan & Davies Communications, Inc. 1

THINK ON YOUR FEET®
• Clarity
• Brevity Ideas
• Impact™
TF-02
Think on Your Feet is about C, B, I
Clarity – Because ideas clearly presented are persuasive.
Brevity – Because getting to the point and presenting key arguments has impact – too much
information usually hurts rather than helps.
Impact – You have impact when you create movement. When you’ve caused a shift in
perspective and opinion. With movement comes persuasion.
Clarity, Brevity and Impact are essential for most professionals today, and especially for those
within an adversarial system.
You already have tools to help you in these areas. Think on Your Feet is intended to augment
your toolkit. Some of what we cover may feel familiar. That’s good. What we want to do is
heighten your awareness so we can raise the skill level as well.
How do you get C, B, I?

• Analyze
• Organize Ideas
• Present
TF-03
We analyze our data, the content that’s in our head.
We organize our content into a clear, concise structure.
We present it using formats that move people.
These are core competencies for many professionals but especially for lawyers.

INTRODUCTIONS
• Who you are
• Your current file / work
• An interest or hobby
TF-04

ASSESSMENT RESULTS
1. Presenting complex or technical

information simply & clearly
2. Assessing your listener’s needs
3. Making clear logical arguments in
emotional situations
4. Uncovering the real issues beneath
client questions
5. Positioning arguments using benefits
TF-05
To be customized for your client.

ASSESSMENT RESULTS
6. Highlighting key messages and

essential points
7. Responding to “loaded” or
“aggressive” comments
8. Structuring presentations
9. Handling Question & Answer
sessions
10. Summarizing and recapping
arguments
TF-06
To be customized for your client.

OPENING ACTIVITY
• It’s early in the morning. You’ve just

arrived at the office. You get an
urgent call for help.
• The Managing Partner needs you to

replace another Associate in greeting
a new group of clerks. This is the first
day of their orientation.
• The purpose of the talk is to give the

clerks a view of the firm from an
Associate’s perspective
TF-07

CLEAR SPEAKING IS CLEAR THINKING
• Analysis
• get to the core
• Separation
• keep ideas distinct
• Movement
• make your argument flow
TF-08
So,
Decide on the core points of your argument.
Separate them into 3-parts (as an average).
Package them in a way that moves people.

Broad Applications
• Persuade
• Sell you ideas
• Sell your services
• Negotiate
TF-09

Legal Applications
• Court appearances
• Conference calls / negotiations
• Communications – clients &

colleagues
TF-10
Let’s look at typical applications for lawyers: How does this concept apply to these scenarios?
Think about the need for clear thinking, key messaging and the ability to move people in court,
during conference calls, client meetings & negotiations as well as internally with clients and
colleagues.

Court appearances
• Communicate with precision
• Display persuasive advocacy
• Speak authentically without “spin”
TF-11

Conference calls / negotiations
• Speak so others understand
• Increase your credibility
• Influence your listeners
TF-12
Influence your listeners – Persuasion is paramount.
Increase your credibility – Credibility is only established when you sound like you know what
you talking about.
Which leads us to our next point that – People believe when they understand.
For example, with interest based negotiation it’s critical that you be understood; otherwise,
common interests are never clear and negotiations break down.

Communications – clients & colleagues
• “Beauty Contests”
• Partner updates
• Seminars / networking functions
• Client meetings
TF-13
Working at the senior level, the infamous “beauty contests” are an obvious example of the
importance of Clarity, Brevity and Impact: if they believe you can do the job, you win. Where
does that confidence come from? Being understood, Being persuasive. Being credible. All of this
depends on communications.
At the junior level, remembering that your client is also the partner or senior associate. It’s a
moment of truth for any junior lawyer or clerk standing in the doorway of a partner’s office
giving an update on the status of a file or receiving instructions.

• One-to-one
• Meetings
• Presentations
TF-14

100000000
TF-15
Let’s do a quick activity to demonstrate the importance of this:
100000000
Ask: Quickly, what number is this?
Then add the commas (100,000,000)

100,000,000
TF-16
What the difference with the before and after picture here?
1000,000,000 is communication “at a glance”. 1000000000 is not.
The question is: How much do we want to make our listeners work? And, what are the risks, if
they don’t bother to even try to make sense of our words?
Structure helps us sort and filter for our listeners (We do the work for them. We present our
thinking in a way that is easy for someone to receive it.) and it helps us assert our message when
there is competition or push back.

• Six plans to package persuasion
• Four sub-plans to flesh-out your ideas
• Practice-practice-practice
TF-17

TF-18
Review the Six Main Plans – Mention: icons as part of an accelerated learning technique.
We divide these plans into two categories: Basic and Assertive.
In the first instance, we use what we call Basic Plans (meaning structures): These are excellent
for communicating key messages and to persuade subtlety or to diffuse a difficult situation.
In the second instance, we use Assertive Plans: These are excellent when you want to push
back, assert another perspective or want to maintain control.

THREE BASIC PLANS
• Clock – via time
• Globe – via place
• Triangle – via aspects
TF-19

CLOCK PLAN
Moves via Time
TF-20
DEMO
We work internationally as well as in Canada and you might be surprised to discover that there
are even more consultants than lawyers “out there”. It’s key to distinguish ourselves. So, when
clients ask “Why you?” We need a good answer. I often use the Clock Plan to focus on
fundamentals. For example, I might say:
Why us? Our clients will testify that our approach gets results from start through to finish.
At the start of a project, we educate to transfer knowledge and empower our clients. We want our
clients to know what we know.
At the peak of implementation, we listen and adjust to ensure we are on the best course.
Accuracy and efficiency are key.
At the finish, we evaluate and measure success to prepare for the next intervention.
So from start to finish we ensure our clients keep learning and keep getting results.
This plan is also good to help you think through your competitive advantage.

CLOCK PLAN
• Works almost anywhere
• Calms listeners
• Creates action plan
TF-21
Time can be used to structure almost any response or explanation as it is so much a part of how
we think and organize.
It’s calming because it places a sense of control over a situation – George Bush
George Bush when he spoke after the September 11th disaster consistently used the Clock
Plan as he had to calm a nation and show he was taking action. One example is after the
Pennsylvania crash. He held a press conference and said the following:
• First, we will find out what happened.

• Then, we will find out who’s responsible.
• And finally, we will retaliate.
It has a forward dynamic because the Clock Plan is often a high level action plan – George Bush
example also does this.

CLOCK PLAN
Opposing Counsel: “Look, last week your

clients had no problem with this
representation. My client considers the
environmental reps and warranties to be
deal breakers!”
TF-22

CLOCK PLAN
Response: “We are prepared to give you an

environmental representation and warranty.”
• At first, my clients thought they could give the

rep and warranty contained in the draft
Agreement.
• Then, upon further review, they realized the rep
and warranty covers a period in which they
weren’t in control of the land.
• Now, all they’re asking is that the rep and
warranty be limited to ‘the best of their
knowledge’ for the period they weren’t in
control of the land.
So, we can’t give you the rep and warranty as

drafted but we can give you one that is ‘to the best
of our knowledge’ for the period we didn’t control the
lands.”
TF-23

CLOCK PLAN
“Receiving the Letter of Intent will allow me to

move to action.
• By lunch, I’ll send you a letter confirming

our instructions and the terms of the
retainer.
• By end of day, I’ll review the Letter of
Intent and send you a proposed due
diligence checklist for the Vendor.
• By first thing tomorrow morning, I’ll send
you the first drafts of the Agreement of
purchase & sale and closing agenda.
So, I can move to action over the next few

days once I have the Letter of Intent.”
TF-24

LOGICAL INTUITIVE
LEFT SIDE RIGHT SIDE
TF-25

CLOCK PRACTICE
• Explain to an articling student how to

prepare _____
(e.g., a closing agenda).
• Explain to your client how they should

deal with ______
(e.g., dismissing an under-performing
employee).
• Explain to your client the costs

involved in ______
(e.g., litigating).
• Explain to your client why the bill is

higher than expected.
TF-26
Before court
During court
After court
Before the trial

During the trial
After the trial
Last Year
This Year
Next Year
Before negotiations
During negotiations
After negotiation

CLOCK FEEDBACK
CLARITY
• Did you hear three pegs?
• What were the pegs?
• Was the question answered?
TF-27
Time can be used to structure almost any response or explanation as it is so much a part of how
we think and organize.
It’s calming because it places a sense of control over a situation – George Bush
It has a forward dynamic because the Clock Plan is often a high level action plan – George Bush
example also does this.

WHY THREE PARTS?
• Persuasive
• Rhythmical
• Memorable
TF-28
TF is founded on certain key principles that prevent us from falling into communication traps
while supporting our essential communication needs. What’s the foundation of TF? Structure &
Patterning.
3-part Structures & Patterns
• Found in traditional logic (for example, Hegel – thesis, antithesis, synthesis) as well as other
logics-based disciplines, such as geometry (proving equilateral triangles and the hypotenuse).
• Rhythm – storytelling – What are some examples of threes in story-telling? This maintains
interest, suspense and fun. What would the Three-Little Pigs have been like if there’d only
been 1 Little Pig?
What are some famous threes?

Contract law
offer
acceptance
consideration

STANDARD FORMAT
Headline
Announce Three Parts
1. Key word Î Content
Recap Three Parts
Echo Theme/Repeat Headline
TF-29

GLOBE PLAN
Moves via Place
TF-30

GLOBE PLAN
• Adds visual impact
• Calms tense situations
• Supports big topics
TF-31
DEMO
Visual impact – plants a picture in the listener’s mind’s eye. Example: Take the statement:
Lawyers must be persuasive advocates for clients. Now compare this to: Lawyers must be
persuasive advocates for clients in court, at the negotiating table and media scrum.
Calms tense situations – When would lawyers want to calm things down?
Supporting big topics – helps people understand by getting them to visualize like in the above
example of persuasive advocacy.

GLOBE PLAN
“For lawyers to be successful in court, at the

negotiating table, and in media scrums, it’s important
to remember certain fundamentals.”
• In court, lawyers must be well prepared, at all

times respectful, and get to the point quickly.
• At the negotiating table, lawyers must
understand the issues, support their position
with reasoned explanations, and avoid bringing
emotion into the scene.
• In media scrums, lawyers must remember not
to offer more than what’s asked, smile and not
look worried, and know that they decide when
the interview is over.
If lawyers remember these fundamentals in court, at

the negotiating table and in media scrums, they’re
on their way to success.
TF-32

GLOBE PRACTICE
• Select a “big” or broad topic you often

have to explain to either clients or other
listeners.
• Describe your firm to a client.
• Explain a challenge(s) your position faces.
TF-33

GLOBE FEEDBACK
CLARITY
• Was the Standard Format used?
BREVITY
• Too much information?
• Too little?
• Just right?
TF-34

TRIANGLE PLAN
Moves via Aspects
TF-35

TRIANGLE PLAN
• Suggests objectivity
• Shows thoughtfulness
• Displays points of view
TF-36
DEMOS
Quickly give two examples.
Henry Mintzberg of McGill University uses the Triangle Plan to structure his speeches on Talent
Management. He encourages all CEOs to ensure their managers have three key skills –
interpersonal skills, informational skills and decision-making skills. And, he gets a few thousand
dollars for saying this!
Journalists, might use the Triangle Plan to present a balanced report by showing three
perspectives on an issue. So, in covering…

TRIANGLE PLAN
“It may be tempting to treat certain conditions of

Closing lightly, but let’s reconsider this position by
looking at the following aspects: your legal
obligations, the significance of Closing Conditions
and the Vendor’s possible remedies.
• Firstly, your legal obligations. You have a legal

obligation to bargain in good faith. If you don’t,
they can sue you.
• Secondly, the significance of Closing
Conditions. If these are not met and aren’t
waived, the deal will not close. You won’t get
your money.
• Thirdly, the Vendor’s remedies. If the deal
does Close, and it’s later determined that
Closing Conditions weren’t met, the Purchaser
could rescind the deal. You may have to return
the money.
So, it’s important to treat all the conditions of Closing

seriously.”
TF-37

TRIANGLE PRACTICE
• Create an elevator speech: Describe

your practice area in 30 seconds.
• Your client refuses to give a personal

guarantee for ______.
Respond to Opposing Counsel.
• Explain to the court why your client

should not have to pay costs on
______.
TF-39
Lawyers hate getting quick responses I’m told. Why is that? (Appears that the answer hasn’t
been thought through.) How do clients and partners perceive lawyers who give quick answers?
So here’s where the Triangle Plan can help us out.
PRACTICE
Let’s say, we’re asked by a partner, why should we take on this case?
If you give one reason, that’s often perceived to be only an opinion. But if we follow the rule of
threes and apply it to the Triangle Plan, then three reasons gives us an argument. We appear
objective and thoughtful.

TRIANGLE FEDBACK
CLARITY
BREVITY
• Too little?
• Just right?
IMPACT
• Did the answer flow?
TF-40

THREE BASIC PLANS
TF-41

ADDITIONAL PRACTICE
1. Describe your practice area.
2. Explain _____ to an articling student.
3. You meet the Managing Partner in the

elevator. Make your case on an issue
of your choice.
4. Introduce yourself. E.g., You’re at a

reception.
5. Explain to your client how to deal with

_____ (e.g., dismissing an employee).
TF-42

BENEFITS OF BRIDGING
• Show respect
• Answer “right” question
• Buy time
TF-43

BRIDGING TECHNIQUES
ACKOWLEDGE – facts, feelings
ASK – meaning, example
ADAPT – rephrase, refocus
TF-44

BRIDGING
ACKOWLEDGE
• That’s an astute question.
• Thank you for raising that point.
• Your comments raise important
issues.
• I can see you are frustrated by this
situation.
TF-44

BRIDGING
ASK
• If I understand your question, you are
asking me if … is that correct?
• Could you give me a specific
example?
• When you say “better”, what does that
mean to you?
TF-45

BRIDGING
ADAPT
• That is not my area of expertise;
however, I can tell you …
• I agree that _____ is an important
issue. Our goal is to focus on _____
to ensure …
• I would be happy to research that for
you. Shall I call you tomorrow to
further discuss?
TF-46

THREE BASIC PLANS
TF-47

TF-48

THREE ASSERTIVE PLANS
• Zoom Lens
• via perspectives
• Pendulum
• via extremes
• Benefits
• via advantages
TF-49

ZOOM LENS PLAN
Small
Medium
Large
Moves via Changing Perspectives
TF-50
Move our listeners from the small to medium to large view and vice-versa.
We call this Zooming Out and Zooming In.
Think of how a camera moves from a close-up shot to a medium shot to a long-shot.
We are going to do this verbally.

WHY ZOOM OUT?
• Expand to broader perspectives
• Handle sensitive or
confidential information
• Justify a choice or decision
TF-51
Now, let’s look at how it might work…
First of all, we signal to our listeners when we move from one idea to the next by using key
words and often gestures. Listen for them in the following demonstrations. And think about how
they function.
DEMOS
Example 1: Expand to broader perspective
In the early 80s, SAS Airlines President, Jan Carlzon, developed a concept called The
Moments of Truth and he illustrated it by using the zoom out plan. He wanted employees to see
the importance of paying attention to details, such as coffee ring stains on food trays. But let’s
put it in the context of your profession…
There are many moments of truth for your clients.
SPECIFICALLY: If a client is surprised by their bill, that’s a moment of truth. A moment when
the client makes a judgment.
MORE BROADLY: The client may conclude that…
MOST BROADLY: Such impressions left with clients can eat away at the success of our firm.

ZOOM OUT
• Specifically,…
• More broadly (generally),….
• Most broadly (generally),…
TF-52

ZOOM OUT
Question: “Why won’t your client give us

the financial information requested?”
• “Specifically, I can’t give you the exact

revenue figures for this quarter.
• However, you can rely on last year’s

audited financials.
• Most broadly, any concerns your

client may have are covered by the
representations and warranties.”
TF-53

ZOOM OUT
Client Question: “So what? If X. Co. breaches
the agreement, we’ll just sue him, right?”
• “Specifically, as your lawyer, I recommend

that we ask for a guarantee from X Co.
shareholders supporting X Co.’s
obligations to you.
• More generally, I recommend it because

I’m concerned X Co. may not have
sufficient assets to pay the claim.
• Most generally, I believe this will give you

comfort that you can recover damages if X
Co. breaches the agreement.”
TF-54

WHY ZOOM IN?
• Focus on specifics
• Counter sweeping statements
TF-55
Example 4: Focus on specifics. We want to leave the listener thinking about a detail, a single
item not the big picture.
CBC recently interviewed a director of an Energy Company regarding the natural gas facility
they intend on building. When challenged about community safety and environmental dangers,
the director said:
Generally, I can appreciate why the community is concerned about safety.
However, we have conducted multiple studies that carefully examine the safety issues as well as
environmental risks.
Specifically, our audit team has carefully reviewed the recommendations and every
recommendation has been implemented. There are no unresolved safety or environmental issues.

ZOOM IN
• Generally,…
• However,….
TF-56

ZOOM IN
Statement: “And, you’d advise your client

to give an unlimited indemnity?!”
• “Generally, clients won’t accept

unquantified liability.
• However, there are circumstances

where an unlimited indemnity is
entirely appropriate.
• Specifically, our use of your client’s

intellectual property creates unlimited
risk for my client, the purchaser.
We’re entitled to a corresponding
indemnity.”
TF-57

PENDULUM PLAN
Moves via Extremes
TF-58

PENDULUM PLAN
• Describes diverse viewpoints
• Moves to middle ground
• Creates a win-win outcome
TF-59

PENDULUM PLAN
• On the one hand
• On the other hand
• As a middle ground
TF-60

PENDULUM PLAN
Previous indemnity example “repackaged”:
Statement: “And, you’d advise your client to

give an unlimited indemnity?!”
• On the one hand, I understand your

client’s reluctance to give unlimited
assurance.
• On the other hand, we could ask for a

blanket indemnity for any breach of any of
the agreements.
• As a middle ground, we’ll limit the

indemnity to the area of our greatest
concern, the intellectual property.
TF-61
Quotes
1. “With a view to striking the right balance between innovation and protecting the values of
Canadians, the government will widely consult the public.” – Allan Rock on patenting high
life forms.
2. “Cabinet fight looms…” – Lawyer Weekly, June 27th, 2003?
Two parliamentary committees separately reviewing the status of foreign investment rules
governing the communications sector in Canada have landed on the opposite ends of the
policy spectrum, generating directly conflicting recommendations and thereby tossing a
political hot potato squarely back in the lap of the Chretien cabinet. “Our Cultural
Sovereignty: The Second Century of Canadian Broadcasting versus Opening Canadian
Communications to the World.”

BENEFITS PLAN
Moves via Advantages to the Listener
TF-62

BENEFITS PLAN
• Outline what a product, service, or

idea does
• Focus on how the listener (or others)

will benefit
• Do not suppress evidence or leave

out the obvious
TF-63

BENEFITS PLAN
Topic: Benefits of a Non-Disclosure

Agreement
Listener: Client
Benefit #1: You profit by preventing your

idea from being stolen.
Benefit #2: You gain credibility by
demonstrating to potential investors that
you’re a sophisticated businessperson.
Benefit #3: You protect a great idea with
only a small investment.
TF-64
Notes
Large Group – Benefits of Incorporation
Tables – Convince a client that mediation is better than going to court.

BENEFITS PLAN
Topic: Conference
Listener: Colleague / Managing Partner /
PD Coordinator
Headline:
Benefit #1:
Benefit #2:
Benefit #3:
Recap
TF-65

BENEFITS PLAN
Topic: Client Development

Listener: Partner
Headline:
Benefit #1:
Benefit #2:
Benefit #3:
Recap
TF-66

BENEFITS PRACTICE
• Sell an idea or a piece of advice to a

client.
(Consider a current client.)
• Sell an idea or a recommendation to a

partner.
(Consider a current situation.)
• Answer: “Why should a potential

client retain you?”
(Consider a current opportunity.)
TF-67

REVERSE BENEFITS PLAN
Moves via Disadvantages
TF-68



they can sue you.
your money.
the money.

seriously.”
TF-69

REVERSE BENEFITS PRACTICE
• Your client wants to launch an Appeal

immediately after losing at trial. Make your
recommendation.
• Your client now has an Injunction issued

against it. There are substantial monetary
damages being claimed. The plaintiff has
offered to settle. Make your
recommendation.
• Your client wants to buy a 99-year old

house without obtaining a home
inspection.
• A client wants to take his / her business to

another office. Create a response.
TF-70

TF-71

POSITION YOUR IDEAS

TO SUIT YOUR LISTENERS
• Think about topic from listeners’

viewpoint
• List issues vital to your listeners
• Focus on background knowledge,

hopes and fears
TF-72

BRAIN-SCAN GRID
Listeners
Background
Knowledge
Hopes/
Advantages
Fears/
Disadvantages
TF-73
The following Flipcharts can be used for your group as needed.

SUB-PLANS
• Picture
• Opposites
• Domino
• W5
TF-74

PICTURE SUB-PLAN
TF-75

PICTURE SUB-PLAN
• Put pictures in your listeners’ minds
• Illustrate with examples
• Use for technical topics
TF-76

OPPOSITES SUB-PLAN
TF-77

DOMINO SUB-PLAN
TF-78

DOMINO – THREE TYPES
3 Causes, 1 Effect
Chain Reaction
1 Cause, 3 Effects
TF-79

W5
• Who
• What
• Where
• Why
• When
TF-80

WELCOME TO
TF-01
• Clarity
• Brevity Ideas
• Impact™
TF-02
• Analyze
• Organize Ideas
• Present
TF-03

INTRODUCTIONS
• Who you are
• Your current file / work
• An interest or hobby
30 seconds to interview your partner

10 seconds to present to the group
TF-04
ASSESSMENT RESULTS
TF-05
ASSESSMENT RESULTS
TF-06

OPENING ACTIVITY
• It’s early in the morning. You’ve just

arrived at the office. You get an
urgent call for help.
• The Managing Partner needs you to

replace another Associate in greeting
a new group of clerks. This is the first
day of their orientation.
• The purpose of the talk is to give the

clerks a view of the firm from an
Associate’s perspective
TF-07
CLEAR SPEAKING IS CLEAR THINKING
• Analysis
• get to the core
• Separation
• keep ideas distinct
• Movement
• make your argument flow
TF-08
Broad Applications
• Persuade
• Sell you ideas
• Sell your services
• Negotiate
TF-09

Legal Applications
• Court appearances
• Conference calls / negotiations
• Communications – clients &

colleagues
TF-10
Court appearances
• Communicate with precision
• Display persuasive advocacy
• Speak authentically without “spin”
TF-11
Conference calls / negotiations
• Speak so others understand
• Increase your credibility
• Influence your listeners
TF-12

Communications – clients & colleagues
• “Beauty Contests”
• Partner updates
• Seminars / networking functions
• Client meetings
TF-13
• One-to-one
• Meetings
• Presentations
TF-14
100000000
TF-15

100,000,000
TF-16
• Six plans to package persuasion
• Four sub-plans to flesh-out your ideas
• Practice-practice-practice
TF-17
TF-18

THREE BASIC PLANS
• Clock – via time
• Globe – via place
• Triangle – via aspects
TF-19
CLOCK PLAN
Moves via Time
TF-20
CLOCK PLAN
• Works almost anywhere
• Calms listeners
• Creates action plan
TF-21

CLOCK PLAN
Opposing Counsel: “Look, last week your

clients had no problem with this
representation. My client considers the
environmental reps and warranties to be
deal breakers!”
TF-22
CLOCK PLAN
Response: “We are prepared to give you an

environmental representation and warranty.”
• At first, my clients thought they could give the

rep and warranty contained in the draft
Agreement.
• Then, upon further review, they realized the rep
and warranty covers a period in which they
weren’t in control of the land.
• Now, all they’re asking is that the rep and
warranty be limited to ‘the best of their
knowledge’ for the period they weren’t in
control of the land.
So, we can’t give you the rep and warranty as

drafted but we can give you one that is ‘to the best
of our knowledge’ for the period we didn’t control the
lands.”
TF-23
CLOCK PLAN
“Receiving the Letter of Intent will allow me to

move to action.
• By lunch, I’ll send you a letter confirming

our instructions and the terms of the
retainer.
• By end of day, I’ll review the Letter of
Intent and send you a proposed due
diligence checklist for the Vendor.
• By first thing tomorrow morning, I’ll send
you the first drafts of the Agreement of
purchase & sale and closing agenda.
So, I can move to action over the next few

days once I have the Letter of Intent.”
TF-24

LOGICAL INTUITIVE
LEFT SIDE RIGHT SIDE
TF-25
CLOCK PRACTICE
• Explain to an articling student how to

prepare _____
(e.g., a closing agenda).
• Explain to your client how they should

deal with ______
(e.g., dismissing an under-performing
employee).
• Explain to your client the costs

involved in ______
(e.g., litigating).
• Explain to your client why the bill is

higher than expected.
TF-26
CLOCK FEEDBACK
CLARITY
• Was the question answered?
TF-27

WHY THREE PARTS?
• Persuasive
• Rhythmical
• Memorable
TF-28
STANDARD FORMAT
Headline
Announce Three Parts
Recap Three Parts
Echo Theme/Repeat Headline
TF-29
GLOBE PLAN
Moves via Place
TF-30

GLOBE PLAN
• Adds visual impact
• Calms tense situations
• Supports big topics
TF-31
GLOBE PLAN
“For lawyers to be successful in court, at the

negotiating table, and in media scrums, it’s important
to remember certain fundamentals.”
• In court, lawyers must be well prepared, at all

times respectful, and get to the point quickly.
• At the negotiating table, lawyers must
understand the issues, support their position
with reasoned explanations, and avoid bringing
emotion into the scene.
• In media scrums, lawyers must remember not
to offer more than what’s asked, smile and not
look worried, and know that they decide when
the interview is over.
If lawyers remember these fundamentals in court, at

the negotiating table and in media scrums, they’re
on their way to success.
TF-32
GLOBE PRACTICE
• Select a “big” or broad topic you often

have to explain to either clients or other
listeners.
• Describe your firm to a client.
• Explain a challenge(s) your position faces.
TF-33

GLOBE FEEDBACK
CLARITY
BREVITY
• Too little?
• Just right?
TF-34
TRIANGLE PLAN
Moves via Aspects
TF-35
TRIANGLE PLAN
• Suggests objectivity
• Shows thoughtfulness
• Displays points of view
TF-36

TRIANGLE PLAN


they can sue you.
your money.
the money.

seriously.”
TF-37
TRIANGLE PRACTICE
• Create an elevator speech: Describe

your practice area in 30 seconds.
• Your client refuses to give a personal

guarantee for ______.
Respond to Opposing Counsel.
• Explain to the court why your client

should not have to pay costs on
______.
TF-38
TRIANGLE FEDBACK
CLARITY
BREVITY
• Too little?
• Just right?
IMPACT
• Did the answer flow?
TF-39

THREE BASIC PLANS
TF-40
ADDITIONAL PRACTICE
1. Describe your practice area.
2. Explain _____ to an articling student.
3. You meet the Managing Partner in the

elevator. Make your case on an issue
of your choice.
4. Introduce yourself. E.g., You’re at a

reception.
5. Explain to your client how to deal with

_____ (e.g., dismissing an employee).
TF-41
BENEFITS OF BRIDGING
• Show respect
• Answer “right” question
• Buy time
TF-42

BRIDGING TECHNIQUES
ACKOWLEDGE – facts, feelings
ASK – meaning, example
ADAPT – rephrase, refocus
TF-43
BRIDGING
ACKOWLEDGE
• That’s an astute question.
• Thank you for raising that point.
• Your comments raise important
issues.
• I can see you are frustrated by this
situation.
TF-44
BRIDGING
ASK
• If I understand your question, you are
asking me if … is that correct?
• Could you give me a specific
example?
• When you say “better”, what does that
mean to you?
TF-45

BRIDGING
ADAPT
• That is not my area of expertise;
however, I can tell you …
• I agree that _____ is an important
issue. Our goal is to focus on _____
to ensure …
• I would be happy to research that for
you. Shall I call you tomorrow to
further discuss?
TF-46
THREE BASIC PLANS
TF-47
TF-48

THREE ASSERTIVE PLANS
• Zoom Lens
• via perspectives
• Pendulum
• via extremes
• Benefits
• via advantages
TF-49
ZOOM LENS PLAN
Small
Medium
Large
Moves via Changing Perspectives
TF-50
WHY ZOOM OUT?
• Expand to broader perspectives
• Handle sensitive or confidential

information
• Justify a choice or decision
TF-51

ZOOM OUT
• More broadly (generally),….
• Most broadly (generally),…
TF-52
ZOOM OUT
Question: “Why won’t your client give us

the financial information requested?”
• “Specifically, I can’t give you the exact

revenue figures for this quarter.
• However, you can rely on last year’s

audited financials.
• Most broadly, any concerns your

client may have are covered by the
representations and warranties.”
TF-53
ZOOM OUT
Client Question: “So what? If X. Co. breaches
the agreement, we’ll just sue him, right?”
• “Specifically, as your lawyer, I recommend

that we ask for a guarantee from X Co.
shareholders supporting X Co.’s
obligations to you.
• More generally, I recommend it because

I’m concerned X Co. may not have
sufficient assets to pay the claim.
• Most generally, I believe this will give you

comfort that you can recover damages if X
Co. breaches the agreement.”
TF-54

WHY ZOOM IN?
• Focus on specifics
• Counter sweeping statements
TF-55
ZOOM IN
• Generally,…
• However,….
TF-56
ZOOM IN

• “Generally, clients won’t accept

unquantified liability.
• However, there are circumstances

where an unlimited indemnity is
entirely appropriate.
• Specifically, our use of your client’s

intellectual property creates unlimited
risk for my client, the purchaser.
We’re entitled to a corresponding
indemnity.”
TF-57

PENDULUM PLAN
Moves via Extremes
TF-58
PENDULUM PLAN
• Describes diverse viewpoints
• Moves to middle ground
• Creates a win-win outcome
TF-59
PENDULUM PLAN
• On the one hand
• On the other hand
• As a middle ground
TF-60

PENDULUM PLAN
Previous indemnity example

“repackaged”:

• On the one hand, I understand your

client’s reluctance to give unlimited
assurance.
• On the other hand, we could ask for a

blanket indemnity for any breach of
any of the agreements.
• As a middle ground, we’ll limit the

indemnity to the area of our greatest
concern, the intellectual property.
TF-61
BENEFITS PLAN
Moves via Advantages to the Listener
TF-62
BENEFITS PLAN
• Outline what a product, service, or

idea does
• Focus on how the listener (or others)

will benefit
• Do not suppress evidence or leave

out the obvious
TF-63

BENEFITS PLAN
Topic: Benefits of a Non-Disclosure

Agreement
Listener: Client
Benefit #1: You profit by preventing your

idea from being stolen.
Benefit #2: You gain credibility by
demonstrating to potential investors that
you’re a sophisticated businessperson.
Benefit #3: You protect a great idea with
only a small investment.
TF-64
BENEFITS PLAN
Topic: Conference
Listener: Colleague / Managing Partner /
PD Coordinator
Headline:
Headline:
Benefit #1:
Benefit #2:
Benefit #3:
Recap
TF-65
BENEFITS PLAN
Topic: Client Development

Listener: Partner
Headline:
Benefit #1:
Benefit #2:
Benefit #3:
Recap
TF-66

BENEFITS PRACTICE
• Sell an idea or a piece of advice to a

client.
(Consider a current client.)
• Sell an idea or a recommendation to a

partner.
(Consider a current situation.)
• Answer: “Why should a potential

client retain you?”
(Consider a current opportunity.)
TF-67
Moves via Disadvantages
TF-68


they can sue you.
your money.
the money.

seriously.”
TF-69

REVERSE BENEFITS PRACTICE
• Your client wants to launch an Appeal

immediately after losing at trial. Make
your recommendation.
• Your client now has an Injunction

issued against it. There are
substantial monetary damages being
claimed. The plaintiff has offered to
settle. Make your recommendation.
• Your client wants to buy a 99-year old

house without obtaining a home
inspection.
• A client wants to take his / her business to

another office. Create a response.
TF-70
TF-71
POSITION YOUR IDEAS

TO SUIT YOUR LISTENERS
• Think about topic from listeners’

viewpoint
• List issues vital to your listeners
• Focus on background knowledge,

hopes and fears
TF-72

BRAIN-SCAN GRID
Listeners
Background
Knowledge
Hopes/
Advantages
Fears/
Disadvantages
TF-73

Dear Associate,
I look forward to meeting you in October during our Think on Your Feet® workshop. In the meantime, I would
appreciate your help in tailoring the program to meet your needs.
Below is a short questionnaire. It will take you approximately 5 to 10 minutes to complete.
Thank you,
Jacqueline Throop
1. Please select the 5 items that best represent your interests. Also, rank them 1 to 5. 1 representing your top
priority and 5 representing your lowest.
Highlighting key messages and essential points when speaking
Summarizing and recapping arguments or positions (yours and/or your listener’s)
Presenting complex or technical information simply and clearly
Making clear logical arguments in emotional or highly-charged situations
Assessing your listener’s needs
Structuring presentations for small to large audiences
Handling Question & Answer sessions
Positioning arguments using benefits to your listener
Responding to “loaded” or “aggressive” comments or questions
Uncovering the real issues beneath client’s questions or statements
2. List two work-related questions you are asked but don’t like to answer (e.g., awkward, sensitive, or negative
questions).
•
•
3. List two frequently asked questions you would like to answer more skillfully (e.g., “How will your firm ensure
it meets my needs?”).
•
•
4. List two topics that often cause debate either within the firm or within the legal community (e.g., flexible-work
options).
•
•

1. RESULTS according to their frequency and their importance.
6 Highlighting key messages and essential points when speaking
10 Summarizing and recapping arguments or positions (yours and/or your listener’s)
1 Presenting complex or technical information simply and clearly
3 Making clear logical arguments in emotional or highly-charged situations
2 Assessing your listener’s needs
8 Structuring presentations for small to large audiences
9 Handling Question & Answer sessions
5 Positioning arguments using benefits to your listener
7 Responding to “loaded” or “aggressive” comments or questions
4 Uncovering the real issues beneath client’s questions or statements
2. List two work-related questions you are asked but don’t like to answer (e.g., awkward, sensitive, or negative
questions).
• When can you have the answer / work to me?

• That’s kind of long, isn’t it?
• How come you are not a partner?
• Can you meet on Saturday morning at 09:00 a.m.?
• How much will our services cost? (How much will this work cost?) (Noted 5 times)
• How long will it take? (Noted twice)
• What is your salary / bonus?
• Why did you spend X hours on this?
• Answering specific questions about the law before having the chance to research and think about the issue.
• How come we didn’t know it would cost this much? (Letter is on file stating the costs.)
• What is your hourly rate?
• When will the work be done?
• Tell a client you have to refer them to another firm because of a conflict.
• Are you busy?
• Why are you so expensive?

3. List two frequently asked questions you would like to answer more skillfully (e.g., “How will your firm ensure
it meets my needs?”).
• What are the risks?

• How much will it cost? (Noted twice)
• Why are your fees so high?
• What do you think?
• Can you reduce my account?
• What is your specialty / expertise?
• What is your area of practice? What are your areas of practice?
• Can you get this work done by tomorrow morning (i.e., extremely short deadline)?
• Why is MC better than another firm?
• Do you like it at MC?
• What are my chances of winning?
• Why are lawyers so expensive?
4. List two topics that often cause debate either within the firm or within the legal community (e.g., flexible-work
options).
• Compensation Criteria / Structure (Noted five times)

• Work / Life Balance (Noted twice)
• Transparency of firm operations
• Role and value of the Legal Researchers
• Criteria for assessing salaries (Should associates in all offices be paid the same, despite different job markets
and costs of living?)
• The billable hour
• Distribution of work among associates
• Gay marriages
• Client development requirements
• Is private practice worth it?
• Parental Leave (Noted twice)
• Why do so many women leave the profession?
• Can we get rid of billable hours?
• Flexible Work Options

_____________________________________________________________________________________________
(Sample from Actual Client Workshop)
McInnes
Cooper
Additional
Practice
Activities
©2003 Think on Your Feet International, Inc.
_____________________________________________________________________________________________
Assertive Plan Practice Questions

Bridging
1. Can you meet on Saturday morning at 09:00 a.m.?
2. How come we didn’t know it would cost this much? (Letter is on file stating the costs.)
3. Why are you (lawyers) so expensive?
4. How long will it take to have the work (answer) to me?
5. Can you get this work done by tomorrow morning?
6. What do you think about _________ (e.g., firm)?
7. What are my chances of winning?
8. Can you reduce my account?
9. Have you ever done something like this before?
10. What do you think I should do about ______?
Zoom Out
1. What is your salary / bonus?
2. Why did you spend X hours on this?
3. Why can’t you give me an answer now?
4. What is your hourly rate?
5. What is your specialty (expertise)?
6. What are your area(s) of practice?
7. How come you are not a partner?
8. Is private practice worth it?
9. How much will this cost me?
10. Why is your firm better than another firm?
Zoom In
1. That’s kind of long, isn’t it?
2. Why can’t you handle this? (Tell a client you have to refer them to another firm because of a conflict.)
3. Are you busy?
4. What are the risks?
5. Do you like it at this firm?
6. Why do so many women leave the profession?
7. Lawyers’ fees are too high!
8. Why do I need a lawyer?
9. You're a lawyer; you must be making a pile of money.
10. What’s the fastest way to get this resolved?
Pendulum Topics
1. Compensation
2. Performance Management
3. Work / Life Balance
4. Communications
5. Internal Relations
6. Equal Opportunity
7. Workload Allocation
8. Client Development
9. Parental Leave
10. Flexible Work Options

_____________________________________________________________________________________________
Listening to Bridge & Select a Plan
General Issues
1. What do you think about the municipal election & plebiscite results?
2. What do you think about our minority government situation?
3. Can you summarize the two sides of the same-sex marriage debate?
4. What are your thoughts on same-sex marriage?
5. How does E-mail affect your work?
6. Should business ethics be taught in all Canadian workplaces?
7. What do you think about the UN’s role today?
8. What are your thoughts on “The War on Terrorism?”
9. What do you think about the American election?
10. What’s your view of the influence of the media today?
Legal Issues
11. CCRA appropriately included lawyers as tax advisors in its civil penalties legislation.
12. Why is the USA more litigious than Canada?
13. How should lawyers prepare for CCRA’s auditors?
14. How would you define psychological harassment?
15. What steps are being taken to reform copyright law?
16. What are the pitfalls and problems of valuing intellectual property?
17. The biotech industry is right to demand of the federal government the right to table a new law to make higher
life forms patentable.
18. In such a language-driven profession, how do we open doors for deaf lawyers?
19. How do you decide whether a judge is biased or not?
20. How or when do you decide to have the judge recuse him/herself from a matter?
21. How do you decide to make an application to withdraw as counsel?
22. Under what circumstances would you bring a matter to appearance day?
23. What is the value of mediation over litigation?
24. How relevant are ethics for a lawyer? Explain your answer.
25. What are the most important elements of trial preparation?
Internal Questions
26. Why did “Joe/Jane” leave the firm?
27. What’s the proportion of women to men at the partner level at your firm?
28. What do you think about the firm’s marketing strategy?
29. Why are there more female associates than female partners?
30. What’s the role of mentorship at your firm?
31. What do you think about the professional development opportunities at your firm?
32. Is work fairly allocated?
33. How effective is the Policy Board?
34. How would you rate our communications?
35. Tell me about your job satisfaction.

_____________________________________________________________________________________________
“Lightning Round”
When it’s your turn, choose a category, your team chooses a question from the category. Answer the
question using a Bridge and a Plan. Try to keep your answer between 30 seconds and a minute. Time each
other for fun!
A FIRM QUESTIONS
1 Why do we need to change the performance appraisal system?

2 What can I do to increase my chances of getting better remuneration?
3 How could communication-skills training help all staff and improve the firm’s image?
4 How could flex time benefit the firm?
5 What can we do to encourage creativity in the workplace?
6 The partner isn’t always right so why should I let them get away with rude behaviour?
7 How would you convince a group of senior partners that their top-down management style has to
change?
8 I know that some staff is “surfing” the Internet during work time. What can we do about this
problem?
9 Where’s the firm going?
10 Why do we need an e-mail policy?
11 What do you think about alternate work arrangements?
12 How can the firm improve retention?
13 What’s appropriate compensation?
14 How can the firm communicate better with associates?
15 What does it take to become partner?
16 How effective are our client service initiatives?
B SOCIAL QUESTIONS
17 Should we provide greater government subsidy of prescriptions for seniors?

18 How can we educate children about AIDS without frightening them?
19 Does giving money to the homeless encourage them to stay on the street?
20 If we force people on welfare to take a literacy test are we infringing on their basic human rights
or improving their quality of life?
21 Marijuana is not as addictive as tobacco and should be legalized. Yes or no?
22 If the government provides a needle exchange for drug addicts isn’t this saying illegal drug use is
OK?
23 If we make condoms available in the high schools won’t we be promoting sex?
24 Anyone without a criminal record should be allowed to have a gun to protect his or her home and
family. Yes or no?
25 The tax system should be a flat rate with no increase in marginal rates on amounts for wealthy
individuals. Yes or no?
26 Commuters should be forced to carpool or use public transportation to help the environment. Yes
or no?

_____________________________________________________________________________________________
C JUST FOR FUN
27 Do you believe in love at first sight or is it just something that happens in the movies?
28 You have been hired by a major airline to come up with a plan to give their airplane food a boost.
What recommendations would you make?
29 What was your best ever holiday and why?
30 Is rap music a bad influence on today’s teens or is it just a form of expressing themselves that
teenagers will outgrow?
31 If you could meet any one person in the world, who would you choose and why?
32 Are shopping malls a convenience or a consumer cash grab that is leading to the deterioration of
the ‘downtown’ in many communities?
33 In what ways could having a pet be good for you?
34 Who is your favourite talk show host? What makes them outstanding in your mind?
35 What would your ultimate dream house or holiday home look like?
36 What type of program would you recommend to a friend who is trying to get in shape and lose
weight?
D LAW
37 “Why doesn’t your client just put the money in escrow so we can close this deal and go home?”
38 “Why don’t we just sue them?”
39 “Why is your bill double the estimate you gave us?”
40 Your client calls and complains that you are holding up Closing by refusing to give the Opinion
requested by the other side.
41 The Partner in charge of the file wants you to account for the large amount of your time.
42 A Judge says, “If I accept your client’s position, won’t that open the floodgates of litigation?”
43 Counsel requests a Chamber Application and you want to oppose it.
44 Your client is resisting giving a personal guarantee on a business loan. What are her alternatives?
45 Your client wants to lay off 200 non-unionized workers ASAP. (It is the week before Christmas.)
46 Your client tells you she has not been filing her Insider Trading Reports.
47 Is the level of proof required for convicting corporate criminals too tough?
48 How can a jury in a complex case realistically consider the evidence and reach an appropriate
verdict?
49 Do you think the buyer of a business is at a disadvantage? Explain your answer.
50 The adversarial process in the courts means that the better performer is the more likely winner,
which makes a mockery of the idea of justice?
51 Don’t you agree our court system is a legal system, not a system of justice?
52 Should more and longer jail terms be imposed on those convicted of criminal corporate activity?
53 What do you think of the idea of eliminating juries to speed up court proceedings and make the
courts more efficient?
54 If a client complains to you about your performance, how do you respond to the client?
55 A partner tells you a complaint has been made about your performance. What’s your response?
56 You are invited to join the partnership at your firm.
57 On discovery, how do you respond when opposing counsel instructs his/her client not to answer a
question?
58 Respond to this comment: Litigators (“Type As”) have more fun than corporate lawyers.
59 What factors influence whether a case settles before trial?
Think on Your Feet® Legal Groups - Exercise with Articles
1. Find three or four one-page legal articles that are applicable for the client and
participants.
2. At lunch on Day Two, ask get everyone to read one of the articles (Everyone
at a one table has to read the same article. Try to have at least two tables to
read the same article for comparison purposes).
3. After lunch participants have 10-minutes to create a three-point summary of

the article with a Headline. They can use any plan that's already been
covered for the summary.
This exercise works very, very well because lawyers have to summarize complex
arguments all the time.
Sample articles are attached.

LITIGATION DEMOS
TRIANGLE
Opposing Counsel objects to the qualification of your witness
as an expert.
Your Response:
• Education (incl. teaching experience & papers presented)
• Work Experience (# of years in profession, types of projects)
• Witness Experience (# of times as defence/plaintiff witness,

# of times accepted by the court)
BENEFITS
Situation: Your client reneges on an agreement because their
Board did not pass the deal but the terms of settlement were
already agreed to and sent to the Opposing Counsel whose
client has agreed. You need to convince your client/Board to
proceed.
Benefit #1: You’ll have the matter resolved and no further time
will be spent on it.
Benefit #2: You’ll spend no further money on fees.
Benefit #3: Your business reputation will be preserved
within the community.

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What are the main elements of Think on Your Feet?

What are the main elements of Think on Your Feet?

What are the three core competencies for presenting ideas?

What are the three core competencies for presenting ideas?

Think on Your Feet® - Legal Version Leaders Guide

Jacqueline Throop, of Breakthrough Learning Associates, Canada, developed

y The Leaders Guide (first 80 pages)

Think on Your Feet®

© 2003 McLuhan & Davies Communications, Inc. 1

THINK ON YOUR FEET®

Think on Your Feet is about C, B, I

Clarity – Because ideas clearly presented are persuasive.

How do you get C, B, I?

© 2003 McLuhan & Davies Communications, Inc. 2

THINK ON YOUR FEET®

We analyze our data, the content that’s in our head.

We organize our content into a clear, concise structure.

We present it using formats that move people.

© 2003 McLuhan & Davies Communications, Inc. 3

• Who you are

• Your current file / work

© 2003 McLuhan & Davies Communications, Inc. 4

1. Presenting complex or technical

To be customized for your client.

© 2003 McLuhan & Davies Communications, Inc. 5

6. Highlighting key messages and

To be customized for your client.

© 2003 McLuhan & Davies Communications, Inc. 6

• It’s early in the morning. You’ve just

• The Managing Partner needs you to

• The purpose of the talk is to give the

© 2003 McLuhan & Davies Communications, Inc. 7

CLEAR SPEAKING IS CLEAR THINKING

Decide on the core points of your argument.

Separate them into 3-parts (as an average).

Package them in a way that moves people.

© 2003 McLuhan & Davies Communications, Inc. 8

THINK ON YOUR FEET®

• Sell you ideas

• Sell your services

© 2003 McLuhan & Davies Communications, Inc. 9

THINK ON YOUR FEET®

• Conference calls / negotiations

• Communications – clients &

© 2003 McLuhan & Davies Communications, Inc. 10

THINK ON YOUR FEET®

• Communicate with precision

• Display persuasive advocacy

• Speak authentically without “spin”

© 2003 McLuhan & Davies Communications, Inc. 11

THINK ON YOUR FEET®

Conference calls / negotiations

• Speak so others understand

• Increase your credibility

• Influence your listeners

Influence your listeners – Persuasion is paramount.

© 2003 McLuhan & Davies Communications, Inc. 12

THINK ON YOUR FEET®

Communications – clients & colleagues