I remember my first court appearance as young female attorney at Queens County Supreme Court, in New York. I had to argue what I considered a losing motion in front of a judge who was not easily persuaded. To my surprise, he granted it. At that moment, I realized mastering the art of persuasion was an essential skill requiring both resilience and adaptability. It involved using the facts at hand and showing them in the most favorable light. Over time, I learned that effective persuasion goes beyond just presenting facts; it is about reading the room and using your unique experiences—not only to build trust, but to command respect, both with your knowledge and its delivery. While the environments may differ, the persuasive techniques used by attorneys can offer valuable lessons for everyone, including claims adjusters in both negotiations and everyday interactions. Below are some proven successful persuasion tips and tricks that everyone can use to their advantage.
Establish Credibility and Authority
One of the first things a good attorney does in the courtroom is establish credibility. This helps build trust and makes her argument more convincing. As an attorney, my job is to come armed with facts, knowing every minute detail. For claims adjusters, this means presenting yourself as an expert in your field—demonstrating knowledge of policy terms, legal precedents, and the intricate details of your claims. Whether you are dealing with clients, medical professionals, or other stakeholders, showcasing your expertise will help instill confidence and can influence how seriously others take your position.
Tell a Compelling Story
Great attorneys are master storytellers. They pull from their own experiences to make themselves personable. They craft narratives that resonate with judges and juries, presenting their case in a way that is clear, relatable, and engaging. This technique can be easily used to frame any discussion in the form of a story. Instead of simply stating the facts, describe the sequence of events in a compelling way that connects emotionally with the audience. This can make your argument more persuasive.
Be Empathetic
A skilled attorney can read the room and adjust their tone, language, and delivery to align with the emotional state of the jury. In other words, a vibe check. In a similar vein, everyone can use empathy to connect to their audience. By validating emotional challenges a claimant may be experiencing, particularly after an accident or loss, you can build rapport and demonstrate you genuinely understand their situation. This connection may serve not only to smooth the negotiation process but can also result in a more positive outcome for all involved.
For example, recently I was deposing an adverse witness who works in the food and beverage industry. As someone who spent college and law school years waiting tables and bartending, I was able to demonstrate to the witness that I knew the intricate details of food service industry, thereby showing empathy and gaining her trust.
Remain Cool, Calm, and Collected
Maintaining composure in the courtroom is essential. Even when faced with difficult opponents or unexpected developments, a calm, measured response can sway the decision-maker. As the saying goes, “Be a duck.” Stay calm and composed in the face of challenges or stressful situations while working hard underneath, be it obtaining additional facts or remembering small details about the case. Let those difficult people or situations roll right off your duck feathers. Your ability to remain composed while managing emotions (yours and others’) is a powerful form of persuasion in any situation.
Preparation is the Name of the Game
Thorough preparation is the foundation of persuasive advocacy. When you are armed with the necessary facts and information, you can present any argument with confidence, creating a sense of credibility that resonates with your audience. Preparation allows you to address weaknesses and seamlessly weave together a compelling narrative that supports your position. Ultimately, the more knowledge and insight you have at your disposal, the more persuasive they become, turning facts into a powerful tool of influence.
Anticipate and Address Counterarguments
When I working as a bartender at a fancy hotel in Soho in Manhattan during law school, we were always taught to “anticipate the client’s needs.” If you bring french fries, anticipate they will ask for ketchup. Now, as an attorney, my job is to anticipate the opposing counsel’s strategy. That is why being prepared to counter common objections with data and facts (and law, of course) can help overcome resistance and strengthen your position. This preparation allows you to present well-rounded arguments that consider the other side’s concerns while reinforcing your own position.
Build Rapport, But Stay Objective
Finally, attorneys know that building rapport with jurors or judges can play a significant role in their persuasive efforts. While adjusters might not have the same audience, creating a rapport with policyholders, claimants, and colleagues is still essential. While it is important to be friendly and personable, always remember to maintain objectivity. Your goal is to find a fair resolution based on facts, not emotions.
Persuasion transcends industries. By employing some of these strategies—establishing credibility, telling compelling stories, empathizing with others, and staying calm—claims adjusters can improve their effectiveness both in negotiations and in everyday communications. With practice, these techniques can lead to better outcomes for clients, smoother interactions with colleagues, and more efficient claim resolutions overall.