Emotional Profiling Again, Or Maybe How To Find The Best Villain

I have received a number of questions and responses about this concept of “emotional profiling”. Just what the hell is it? How the hell is it done? Why even do it? On and one these questions go and now I’ll try to explain it as best I can,, the reasons behind it and the absolute importance of it.

Emotional profiling is nothing more than finding the true emotional profile of the actor or witness or document. Nothing more,, nothing less.

As one discovers the story of the client,, I am always looking for the emotion that is the true reflection of the individual, document or company. I don’t give a damn about the mask that everyone wears. I really care about the “true emotion” of the individual, company or document, because it is from that viewpoint that I really discover the true villain.

So, why is this important? If you know the actor’s / company / document’s true profile,, then the villain is always, always the opposite emotion. You also know which emotion triumphs the villain. Period.

Sometimes clients want lawyers to believe the villain is who they say it is,, and a lot of times it is. But remember this little bit of input,, the client’s story is always told from the client’s point of view. The client perceives the hurt, betrayal and emotions from their own experience in the situation.

Their experience may be tainted by tele, or logic or any other number of reasons,, but the client does not always know the true villain. The perception of the client demands that they label someone or something the villain. They may see it as _________, their boss,, when it may really be ________,, who is someone else.

For instance,, my boss fired me,, so he must be the villain,, logical,, but not always correct. Perhaps the true villain is the CFO, who demands cuts no matter what. The client perceived boss villain may just be the messenger,, taking one for the team. He or she may be doing something he or she doesn’t believe in,, but must do in order to feed his or her family. Isn’t that possible?

I believe that the job of the director is to direct the story. Advance it to the point that the jury has the act hunger to get involved in the drama and “rescue” the client. I believe the job of each witness is to help tell the story and advance it through the testimony of each witness or document.

I believe that the simple formula of story-telling is one that always wins the case. I believe that in a successful story,, there is always conflict. There is always good and there is always evil. There is always polarity. It exists in everyone. A simple decision such as which toilet paper to purchase creates a decision-making process that necessarily involves polarity and conflict.

Do I buy this paper because it is on sale,, do I buy this paper because it is made of recycled material,, do I buy this paper because I get a feeling of _____________,, ? On and on the internal conflicts go until finally one wins out and we simply purchase a particular brand of toilet paper.

If one is a trial attorney and desires to win,, one must necessarily discover the story. The director’s job,, in my opinion is one of simply discovering the emotion of the client, witness or document that lies behind the mask of armor worn by each character in the drama.

I know a lot of times,, my clients blame the police for this or that and default to them being the villain. However,, if there is a possibility of examining the story,, then there exists the possibility of finding a better villain.

I realize no one else that I know uses this technique,, I just say,, don’t abandon it as a way to help improve your chances of winning the case for your client.

I often say,, things are not always as they appear,, somethings are just not what they are. As a director,, if you pick the wrong villain,, you lose. End of story.

In the end,, I simply offer this writing as another technique to be a better lawyer.

May peace be with you throughout your day and may you find happiness and joy in everything you do.







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