The state of New York is one of the biggest epicenters for the coronavirus illness in the United States. What has become a ritual within many states, and at the White House level as well, is the “Daily Briefing.” All of the leaders seem to have their own approach, but in the case of New York Governor Andrew Cuomo, the reviews have been unusually positive. Even as the city and state work through what is likely to be the worst of the crisis, the Governor’s daily reports on the status of the illness and the state’s response have brought a measure of control and comfort to those watching. The briefings have won praise from a number of different corners, and have even grown a sizable audience from other states.
There must be a few things that Governor Cuomo is doing right as a public communicator. I believe there are some lessons for advocates, and once we get back to the business of persuading judges and jurors, there are a few important takeaways. Watching some of the briefings, I am struck that a lot of what the governor is doing seems to be exactly what is needed for a stressed audience wanting to hear the facts. The last half of the briefing is like a conventional press conference, but in the first half, Cuomo presents the day’s overview in a way that is very calming, highly visual, helpful, and thematic. In many situations, legal advocates could benefit from a little of that style.
Calming
In providing an overview to terrifying events, Governor Cuomo presents a studiously calm voice and demeanor. He moves at an easy pace. Even while he is candid and direct, he is not emphatic. Even when it seems like the facts might call for it, he doesn’t raise his voice, and he doesn’t pound the table. It is easy to see how the delivery itself is part of the message: Let’s be honest, but let’s not panic.
When advocating in courtrooms or elsewhere, there is sometimes a role for passion and fire. But when you are trying to get someone to understand, to get through some information that might be uncomfortable, then that is not the time for passion and fire. A calming presence is a credible and trustworthy presence.
Visual
Many to most governors have adopted the daily press briefing during these times, but what has made Cuomo’s events stand out is the inclusion of a visual element, displayed on dual monitors in the room. And more than just including graphics, he is also emphasizing very simple graphics. Typically, it is a simple bar chart, in recent days (thankfully) showing a leveling off of cases. In addition to the data, he also uses the screens to convey quick and simple messages.
Litigators can take a cue to just how simple the graphics need to be. When you do not need to pause in order to explain the graphic, then that is a sign that the graphic is simple enough. Keep working on and testing your demonstratives until they are self-evident. The other easy technique in visual simplicity that he uses is this: One substantive point per slide, period.
Helpful
Governor Cuomo’s emphasis is practical, not sensational. It is not personal; it is not self-cheerleading for his own administration or his own response. Giving credit is sometimes necessary, but the emphasis should be on what your audience needs to know. On that score, he conveys the main conclusions without a lot of medical or scientific detail. He is communicating not with supporters or critics, not with experts or policymakers. He is communicating with the public.
Courtroom advocates would be wise to adopt the same mindset: Think about what your jury or judge needs to know in order to do their job. If the information helps them do that job, it is useful, and if not, it isn’t. Always try to tie your information to that purpose.
Thematic
Finally, Governor Cuomo knows accessible language. His messages often easily boil down to simple themes, reinforced with visuals or with a short piece of text on the screen. For example, from this past Tuesday, we had the following themes:
- “We changed the curve”
- “We should take comfort in the fact that we can control the spread of the virus.”
- “What we do today will control the infection rate tomorrow.”
- “We all want to re-open, but how we reopen is everything.”
Litigators similarly need to think about how to boil down a complex situation into a few words: one line, without punctuation, that you can express in one breath.
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