Body Language Basics: Nonverbal Clues For Litigation. Dallas Bar Association 9/6/2018 Presented by Worthy Walker

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1 Body Language Basics: Nonverbal Clues For Litigation Dallas Bar Association 9/6/2018 Presented by Worthy Walker

2 Actions Speak Louder Than Words It s not what you say, it s how you say it.

3 Objectives o Discuss scientific basis for nonverbal communication. o Recognize basic nonverbal clues. o Understand framework for detecting stress and deception. o Understand nonverbal distractions you may transmit.

4 Growth of Science Studies into body language started in 1950s. Nearly a million nonverbal cues and signals. Anthropologists estimate that an average person can make and recognize 250,000 facial expressions.

5 Human Communication Psychology professor A. Mehrabian 55% of total impact of message is nonverbal. Anthropologist R. Birdwhistell - 65% of conversation is done nonverbally. Verbal (7%) Vocal (38%) Nonverbal (55%)

6 Impact of Visual Information Visual presentations: 83% comes through the eyes. Wharton study: 10% retention of verbal presentations. Verbal and visual presentations have a retention rate of 50%. Sight (83%) Taste (1%) Hearing (11%) Smell (3%) Touch (2%)

7 A Window to the Soul? External reflection of a person s emotional condition. Clues to what a person is thinking. Mood indicators.

8 The Brain

9 The Limbic Brain Responsible for survival. 24/7. Emotional center. Can it be cognitively regulated? The Honest Brain (Golman, 1995, 13-29). Look at kids

10 The Neocortex o Human v. mammalian o Thinking o Intellectual o Deceptive o The Lying brain that is the least reliable. (Vrij, 2003, 1-17). o I like your haircut.

11 Limbic Reactions o Flight o Fight o Freeze

12 Fight Responses

13 Flight Responses

14 Flight Responses Looking at exit. Looking at watch. Blocking. Aiming feet at door or exit. Blood flow changes.

15 Freeze Responses

16 The Eyes Have It.

17 The Eyes Have It.

18 The Eyes Have It. o Eye-blocking. o Squinting. o Eyebrows raised. o Pupil dilation.

19 Pupil Dilation

20 Blinking

21 Blinking Normal blink rate: blinks per minute Boston College Neuropsychology study during presidential debates. Bob Dole: 147 blinks per minute. Bill Clinton: 99 blinks per minute. In the 5 Elections prior to 2000, candidate with higher blink rate during the debates lost the election.

22 Smiles

23 Smiles Signals: happiness as well as submission. Fake smiles: mouth only. Real smiles: controlled by different parts of the brain. Study showed smugglers smiled less. Honest people smiled more. Contrast: dropping or thrusting jaw forward a sign of aggressiveness.

24 Lying Liars Who Lie.

25 Signs of Physical Stress Trembling or shaking. Dry mouth and difficulty swallowing. Vocal changes. Pacifying behavior. Blinking.

26 Pacifying Behavior Human response to limbic behavior. Attempt to calm key to interrogation. Women: necks, hair Men: faces, necks

27 Pacifying Behavior Universal: leg rub while seated.

28 The Pinnochio Effect

29 The Pinnochio Effect o 2012 University of Granada study. o Increase in temperature around nose and orbital muscle in the inner corner of the eye. o Considerable mental effort = face temperature drops o Anxiety attack = face temperature rises.

30 Hand to Face Gestures Lying is easy to rehearse verbally. Mouth cover Could be lying The shhh position Eye Rub Nose touch Ear grab Neck scratch Chin stroke

31 Tells Limbic reactions do not match with baseline reactions. Clusters of limbic reactions. Gestures do not match with message. Timing of gestures is strange or delayed.

32 Hands - Tools or Impediments?

33 Arm and Hand Placement

34 Arm and Hand Placement Basic need for protection. The broken zipper position. Hiding hands. Can affect credibility. Often, signals an attempt to disguise nervousness or an attempt at self-restraint.

35 Hands: Tools or Impediments? Open palm and palm up position. Palm down.

36 Hands: Tools or Impediments?

37 Pointing

38 Pointing Universally (almost): evokes negative feelings. Also found to limit recall of listeners. Alternatives: The perfect symbol. The index finger bent back. Considered to be thoughtful and focused.

39 Folded Arms Universally (almost): Disagreement Skepticism Guardedness With witnesses, always suggests defensiveness. Hugging

40 Other Hand Gestures The Steeple Superiority. Self-assured. Hands Clenched Initially, signals confidence. Research indicates most people do this when frustrated or nervous. Height of clenching - indicator of how closed off a person may be.

41 Thumb Displays

42 Thumb Displays

43 Legs

44 Expansive gestures

45 Constrictive Gestures

46 Power Stance?

47 Power Stance?

48 Power Stance?

49 Amy Cuddy: Power Posing Amy Cuddy Harvard MBA Professor

50 Cuddy Paper: Power Posing 2010 Study Expansive non-verbal displays associated with Alpha behavior. Long thought to increase cognitive function. High power poses: Increased testosterone levels. Decrease cortisol levels.

51 Thank you. Worthy Walker Shackelford, Bowen, McKinley & Norton, LLP

Keeping the Peace in the Practice. Stacie Jenkins, RN, MSN Director of Clinical Risk Management

Keeping the Peace in the Practice Stacie Jenkins, RN, MSN Director of Clinical Risk Management Objectives The participant will be able to identify at least 1 characteristic of each stage of conflict. The