In trial, good lawyers work very hard to make a recordof all the important evidence. What this means is that every piece of tangible evidence is marked, described and entered into evidence. Every objection, stipulation and question and answer directed at a witness is recorded by the court reporter and made part of the record.
Why do we do this? The answer is simple; in trial if something is not part of the record, it never happened.
You should do the same thing when it comes to communicating your message. When it comes to one on one business conversations or negotiations, document or highlight your discussion and leave a copy for the other side when the meeting is over. An alternative might be to follow up your meeting with a written summary of the important facts discussed or agreed to points.
The same approach can be used when speaking to a large audience. Use the overhead screen to share bullet points of important information. Support what you just said with pictures and videos. Provide your audience with a handout or link that references key ideas. If possible, send a thank you letter the next day documenting your key takeaway points.
Conclusion
As far as the appellate court is concerned, if something is not part of the trial court record, it just didn’t happen. Outside of the courtroom and as time passes, the recipient of your message may feel the same way. Be smart and make a record of your key points each and every time.
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