Archive for the ‘Trial Preparation’ Category

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Doubling: Listening With The Third Ear

November 27, 2011

In a continuing effort to share information on psychodrama and the tools trial lawyers use most often to work with clients, prepare for and present their cases at trial, what follows is the next installment on this topic.

Doubling

A double is an auxiliary (a group member asked to play a role in the drama or re-enactment) who speaks the inner life of the protagonist, in whatever role he happens to inhabit in that moment. The job of the double is to tune in to the protagonist’s unexpressed thoughts and feelings and express them, bringing material lodged in the background to the foreground.

The double is the hidden voice, the truest self, the one who helps the protagonist realize and acknowledge what she is thinking and feeling. The double gives voice to the protagonist’s interior reality, helping the protagonist go deeper, strip off the outer socially visible layers, and reach the deeper layers of expression. The double speaks in the first person, as the inner voice of the protagonist, but does not engage in conversation with the protagonist. In essence, the double assists the protagonist in expressing herself more fully. Using a double facilitates expressing a protagonist’s deepest emotions, and is one of the most effective techniques to bring out unexpressed emotions. J. L. Moreno, the creator of psychodrama, described the double as the protagonist’s inside.[1]

As the double expresses the protagonist’s inner thoughts or feelings, it is extremely important to give the protagonist an opportunity to accept, reject, or correct the statements which the double makes, and if accepted, to put them in her own words. For example:

Protagonist: I don’t know what I’m going to do. I wish she would talk to me.

Double: I feel helpless and all alone.

Protagonist: I do feel helpless. I just don’t understand why she won’t talk to me.

Double: I feel angry at her.

Protagonist: [Has a puzzled look on his face.]

Double: If that is right, put it in your own words. If it is wrong, correct it.

Protagonist: It isn’t right. I’m not angry. I am hurt, and I feel betrayed.

Double: I trusted her to talk to me, to tell me what was going on.

Protagonist: Yes, that’s it. I did trust her to talk to me. To let me in. And she betrayed my trust.

Even an incorrect statement is helpful to the protagonist, for in correcting the statement, the protagonist clarifies what is going on inside her.

A good double helps the protagonist to feel seen and understood, and, at the same time, to move into deeper levels of feeling. Often during a traumatic life event, we dissociate or freeze, and may feel helpless or powerless. Through psychodramatic reenactment, a protagonist can revisit that moment in her life and, through the use of a double, stay in her body, and express thoughts and feelings she was too overwhelmed to express at the time. This can be very beneficial to a protagonist as it facilitates feeling and integration of emotions that she split from her consciousness.

A double can also provide support for the protagonist. This helps him take more risks and enter the action more completely. In addition, a double can provide suggestions and interpretations to the protagonist through the role. For example, if your client is having a difficult time expressing sadness over the changes in his life because of an accident, you may want to double by uttering words he cannot: “I am sad. I can no longer lift my little boy to his high chair. I can no longer have sex with my wife. I feel useless and less of a man.” Make sure you give your client the opportunity to accept or reject this doubling statement. If he accepts it, ask him to put it in his own words.

When you wish to act as a double for someone, (for example, a friend, spouse, client, or witness) the process generally is to stand slightly behind and to the side of the protagonist. It is extremely important to abandon your own agenda, to set aside your need to ask questions or solve problems, and tune in and listen without judgment. Listen with your heart, not your head. Let the feelings that come up reverberate in you. You should be aware of the protagonist’s non-verbal communication, and imitate her body language. When you mirror the protagonist’s gestures, posture, body positions, and tone of voice, you will begin to experience the same kinds of body sensations as the protagonist.

Neuroscientists have recently discovered mirror neurons, a class of brain cells that operate similar to radio waves. They explain why we pick up on the feelings and moods of people we are with.

                       Mirror neurons track the emotional flow, move-

                        ment and even intentions of the person we are

                        with, and replicate this sensed state in our own

                        brain by stirring in our brain the same areas active

                        in the other person. Mirror neurons offer a neu-

                        ral mechanism that explains emotional contagion,

                        the tendency of one person to catch the feelings

                        of another, particularly if strongly expressed. This

                        brain-to-brain link may also account for feelings

                        of rapport, which research finds depend in part on

                        extremely rapid synchronization of peoples’ pos-

                        ture, vocal pacing and movements as they interact.

                        In short, these brain cells seem to allow the inter-

                        personal orchestration of shifts in physiology.[2]

A double should not, however, overwhelm or take over for the protagonist. Instead, the double should feel into the protagonist, becoming attuned to the protagonist’s moods, feelings, and rhythm. The double needs to let go of any prior perception she may have had of the protagonist and trust her intuition, being open to the feelings that arise. When the double speaks for the protagonist, the double should speak in the first person: “I feel really angry that . . .”

Learning to be a good double, setting aside your own agenda and tuning in to another person is a powerful experience, not only for the double but for the person being doubled as well. Doubling is essentially the skill of active listening on a very deep level, and connecting to the emotions, the inner life, of the other person.

The skill of listening is one of the most important skills for you to have; you use it in all phases of trial, and you should actively develop it. When a speaker and his double participate in a listening/doubling exercise, the exercise creates a bond between them. The person being doubled feels seen, heard, and most importantly, validated. Validation results in connection and trust.

Once you have significant experience with this tool, you can begin to use it without standing slightly behind and to the side of the person you wish to double, without imitating their non- verbal communication, and without speaking in first person as if an inner voice. You can double jurors as you conduct voir dire, double witnesses in deposition, and even double the judge. This tool can also be used during direct examination to help the witness go deeper and fully express their feelings to the jury. You can use this tool when meeting with clients to ensure your relationship starts out on a good note and to demonstrate that you care about them as people.

You can learn more about psychodrama and how trial lawyers use this method by reading the book – Trial In Action: The Persuasive Power of Psychodrama, (2010 Trial Guides) available at http://www.trialguides.com/book/trial-in-action/

[1] Moreno, Blomkvist and Rutzel, Psychodrama, 69.

[2] Daniel Goleman, Essay—Friends for Life: An Emerging Biology of Emotional Healing (2006).

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Role Reversal – The Engine of Psychodrama

October 26, 2011

Role reversal is the engine of psychodrama and is the most important and difficult technique to master. It is also the tool that trial lawyers familiar with psychodrama use most often.

You go through life with only your set of eyes and your perspective on life’s events. Role reversal is the technique of stepping into the role of another. It requires that you give up your own position and temporarily leave yourself to occupy and experience the role of someone else. Initially, you play the role by imitating what you have heard and seen the other person say and do. Ultimately, you progress to exploring the role itself by bringing your universal life experiences to it.

When you successfully reverse roles with another person, you have an opportunity to see life through that person’s eyes, even if only momentarily. You feel like him, think like him, and act like him. This concretized changing of roles allows you to look at yourself from the perspective of the other and from this vantage point, get a different vision of yourself. You might see how you come across and how others perceive you; at the same time, you gain a greater understanding of the other person. This is the gift of role reversal.

When you are truly able to stand in the shoes of another and see things from that person’s perspective, a role reversal has occurred. It is not a complete or valid role reversal, however, until you do it without judgment. “Playing different roles, allowing a situation to be seen from a variety of perspectives, automatically shifts awareness . . .”[1] In the context of a legal case, being able to see a situation from a variety of perspectives gives you a wealth of information from which to choose when creating a discovery plan, preparing for both direct and cross examination of witnesses, and putting together a persuasive story for trial.

There are several functions role reversal serves. The first is to gain information or insight into the role of the other. “What occurs in role reversal is that your perception of the role of the other begins to change when you shut off your own person.”[2] By standing in the shoes of another, you are able to look at a situation, event, or even yourself through the eyes of the other and form a new perspective. You gain an awareness that you previously didn’t know.

Additionally, by being in the role of the other, you begin to examine and understand that person’s choices and behaviors in the situation you are exploring. Similarly, you will experience great insight into the person’s motives and rationale for that behavior. Such understanding and insight is valuable, not only from a personal perspective, but from a professional one as well. When you are seeking to understand or determine the motivation of people or witnesses in a case, using this tool exposes and makes accessible information you may not be able to obtain from other sources.[3]

The actual physical task of reversing roles is quite simple. The difficulty lies in being able to step outside of yourself and set aside your own ego to truly experience the role of the other person.

Example: Role Reversal in a Discrimination Case

Imagine you are working on a case where your female client, a postal worker, suffered age discrimination at the hands of her supervisor. At some point in your preparation of the case, you may want to reverse roles with the supervisor to better understand his behavior, what motivates him, why he did what he did, who he is, and what he feels about your client. You may also want your client to reverse roles with the supervisor to help her show you her experience of the supervisor with exact language, intonation, and actions that he used. This will give you information about him that would not be available in a simple reporting of what he may have said or done. Role reversal brings the experience alive and makes it three-dimensional—you hear it, see it, and feel it— versus a one-dimensional narrative that is unlikely to provide as much valuable information or detail. Because your client knows the supervisor better than you and has greater knowledge about who this person is and why he behaved as he did, she can become an active participant in preparing the case.

Using the example of the supervisor in an age discrimination case, a step-by-step approach for role reversal follows:

  •           Physically move from the spot where you are standing in

your own role, to another spot where you will take on the

role of the supervisor. Moving to another spot in order

to actually change roles is important. It concretely marks

changing roles.

  •            Allow yourself to take on the role. What is your name?

How old are you? What do you look like? What color

are your hair and eyes? How tall are you? How are you

dressed? What type of shoes are you wearing?

Tyson Spoce [Lawyer is in role reversal with Tyson Spoce, the supervisor]: I am forty-seven years old. I have gray hair that I keep a little long. I am about six feet, three inches tall and in pretty good shape. I am wearing a postal service uniform, navy blue pants with a light blue short sleeve shirt. I am wearing black running shoes. I also have a wedding ring on my left hand and a college football ring on my right hand.

  •           Take a moment and feel yourself physically in the role.

How do you walk? Sit? Stand? What is your posture like?

Walk around in this new body. Do you shuffle or step

firmly? Feel your center of gravity.

Tyson Spoce: I have a bad back from a football injury so sometimes I walk with my left hand on my lower back. When my back is hurting I shift around a bit and I can’t sit in one position for very long. If I stand for long periods of time, I shift my weight back and forth between my feet.

  •           Once you have taken on the physical qualities of the su-

pervisor, continue exploring the role. How long have you

worked for the Postal Service? Why did you go to work

there? How is it that you became a supervisor? Do you like

your job? What are your job duties? What type of problems

do you have on your job? Who do you report to?

Tyson Spoce: I have worked for the postal service since I was  twenty-four years old. It has been my career. The pay is good   and I’m a manager. I worked my way up from postal carrier. I oversee the branch and supervise all the employees at this branch.

  •           As the supervisor, look at the plaintiff. How long have

you known her? When did you first meet? What do you

feel as you look at her? Describe your relationship with

her. How do you feel about your relationship with her?

What type of employee is she? Have you had any prob-

lems with her? What do you want from her? Why? Let us

hear your soliloquy (your inner thoughts that you might

not express aloud to anyone else) about her allegations

that you discriminated against her because of her age. Did

you discriminate against her? Perhaps you are unwilling

to use the word “discriminate.” If so, use the word you

would choose. Why did you behave in this way?

Tyson Spoce: Jenny Jones came to work in our branch about two years ago. She has always had an attitude problem. Maybe it is because she is older, I don’t know. As an older woman she seems to be pretty lonely. I have gone out of my way and have tried to be friendly with her. I even asked her to go to lunch with me on a number of times, but she refused. I also asked her to go out for drinks after work but she got all huffy and told me she didn’t think that would be appropriate. The younger employees love to hang out with me and go the extra mile. She just puts her time in and goes home. Her job here would be easier if she put a little more effort into being friendly with me. After all, I am her boss.

Role reversal need not be limited to exploration of parties and witnesses, although use with both can help you prepare both direct and cross examination questions as well as help you understand the events of the case through their eyes. You can also use this tool to help you gain insight into and understand jurors, opposing counsel, and even the judge.


[1] Tian Dayton, PhD., The Living Stage, A Step by Step Guide to Psychodrama, Sociometry and Experiential Group Therapy (Health Communications, Inc., 2005), 39.

[2] Zerka Moreno, Leif Dag Blomkvist, and Thomas Rutzel, Psychodrama: Sur- plus Reality And The Art Of Healing (Routledge, 2000), 74.

[3] Role Reversal can be used for a variety of purposes: (a) helping a person understand the role of another; (b) learning how one’s interactions affect the roles of others; (c) providing information about the individual’s social system; and, (d) making the subject aware of discrepancies in verbal and nonverbal communications. D. R. Buchanan, “Psychodrama.” In The Psychosocial Therapies: Part II of The Psychiatric Therapies, ed. T. B. Karasu, M.D. (Washington, D.C.,: The American Psychiatric Association, 1984), 792.

To learn more about psychodrama and how lawyers can and do use it to prepare for trial and present their case(s), see Trial In Action:The Persuasive Power of Psychodrama, J. Garcia-Colson, F. Sison, M. Peckham (2010) Trial Guides. http://www.trialguides.com/book/trial-in-action/