SC Lawyer, September 2009, #5. Mind Mapping for Lawyers.

• Author: By Dave Maxfield and Michael Deutch

South Carolina Lawyer

2009.

SC Lawyer, September 2009, #5.

Mind Mapping for Lawyers

South Carolina LawyerSeptember 2009Mind Mapping for LawyersBy Dave Maxfield and Michael DeutchFew events in the life of a lawyer can compare with the stress of preparing for and taking the bar exam. Fifteen years later, I am still struggling to repress my remaining memories of it (most of them, anyway-I still like the part where I learned to my great amazement that I had actually passed).

There was one great lesson that I learned in the process of getting ready for the exam, however, and that was the power of mind mapping. mind map: a diagram used to represent words, ideas, tasks, or other items linked to and arranged around a central key word or idea. Mind maps are used to generate, visualize, structure, and classify ideas, and as an aid in study, organization, problem solving, decision making, and writing.- wikipedia As suggested by the above definition, a mind map is simply a diagram used to represent information and the connections between information.

As I studied for the exam, I created maps for each exam topic, with subtopics radiating out from the central topic like spokes on a wheel. Thus, from a central topic of torts, for example, came two subtopics-intentional torts and negligence-and from the subtopic of intentional torts came assault, battery, intentional infliction of emotional distress, etc. From each of these subtopics came their respective elements, and so on, into greater and greater detail.

Needless to say, creating these maps on huge sheets of butcher paper (and the embarrassment of walking around with them rolled up under my arm like Amerigo Vespucci) was a bit of a burden. While the results proved the value of the method (like many things that actually "worked" from our educational days), I abandoned mind mapping. That is, until a few years ago when I discovered mind mapping software.

To understand the power of such software, some greater detail about mind mapping (and why it seems to work so well) is in order. Again, mind maps are diagrams that represent words, ideas, tasks and other items arranged around a central key word or theme. Mind maps allow one to rapidly generate, structure, classify and visualize ideas. The "visualization" aspect is key.

Humans tend to think and learn in three primary ways-auditory, kinesthetic and visual. The preferred mode varies from person to person, but we use them all. Auditory thinking uses sounds, conversations, melodies, etc. and lends itself to sequential thinking. People who are oriented toward auditory thinking and learning do well when material is presented to them in a logical, ordered progression. They often problem-solve by attacking the issue in a series of ordered steps. In kinesthetic thinking and learning, information is processed more through feeling and a hands-on approach (balance, weight, temperature, emotional state, "gut feeling" intuition, etc.

It is often cited that approximately 65 percent of the population are principally visual learners. In visual learning the emphasis is on pictures, colors, abstract plans and diagrams, as well as the connections between these things. Regardless of one's preferred learning and thinking style, visualization can simplify complex ideas, show the relationship between those ideas and help to organize thoughts.

From the standpoint of a lawyer, viewing and working on information in a map (as opposed to making "linear" notes, lists, etc.) offers several key advantages. First, when lawyers receive information, we almost never receive it in a linear form. New clients during an initial interview rarely provide information in a neat chronology and often spool out facts in a seemingly random and unconnected fashion. Mind mapping software allows this information to be captured and easily rearranged chronologically as the story is ferreted out.

A second key advantage of mind mapping software is that it allows lawyers to work on a case in "fits and starts." The reality of trial practice is that rarely does a lawyer have time to devote uninterrupted hours to one case. Since work on a case may be punctuated by long periods of time attending to other matters, getting back up to speed quickly when returning to the case is critical. Having to re-read pages of notes is inefficient. In contrast, the visual format of a mind map brings almost instant recall of the relevant facts, parties and issues, similar to the recognition that occurs when looking at a familiar picture or painting.

There are numerous other advantages as well, including the ability to draw connections between ideas and "see" patterns in events, the ease of brainstorming, and the ability to quickly add new facts, people and issues into the map and rearrange the structure of the map as the case evolves. Beyond these general advantages, here are some specific examples of what mind-mapping can do for lawyers:

* Assist in the understanding of complicated issues. For example, this statute:

Can become this:

* Narrow focus to one issue or one person within the overall litigation map. For example, this litigation map:

Can be filtered down to this, so that only the items pertaining to "Ed Garcia" are shown:

While the advantages of structure and visualization can be realized whether or not one uses software for mind mapping, software undoubtedly makes the entire process much easier. For starters, using software is much faster. As mentioned above, "butcher paper," white boards and handwritten mind maps take a great deal of time to create, and it is difficult if not impossible to change the placement of a topic within the map. In contrast, topic nodes in a software-based map can be dragged around the map and moved with ease. Input is faster because one uses the keyboard or (better still) cuts and pastes information from other sources.

Another aspect of speed and efficiency is the fact that map templates can be created with software for repeatable tasks or processes, similar to templates used in Word and elsewhere throughout legal practices. For example, a lawyer could have a "case intake" map template that is used repeatedly for each new case.

In addition to being faster, software is more flexible than paper. At some point with a pen and paper map, you will run out of room to expand the map. With mind mapping software, there is infinite room for expansion. The map can also be customized with different colors, shapes, etc. to further add context and meaning to each topic. The information in the map can include not only text but pictures, hyperlinks, database links, attached documents and virtually anything else one can reference on a computer. And, as shown above, maps can be "filtered" just like any database.

Another point in software's favor is that it allows collaboration on projects. Teams of lawyers can increase their alignment by working on the same map (if necessary at the same time) independent of location (this article was actually written from a collaborative map created by authors separated by three time zones). Lawyers share a common concept of the case that could not be achieved through words alone. The collaborative map can also link to other collaborative services like shared document files (in the case of this article, Google Docs) so the lawyers can take full advantage of "collaboration in the cloud" type services.

Using mind mapping to persuade. We have discussed how mind maps help lawyers to understand complex issues, cases, statutes and fact patterns. But digesting and understanding complex information is only half of the trial lawyer's job. The other half is to convince the judge or jury that we are right. We have already discussed the ways in which people think and learn. Judges and juries are not exceptions to these rules.

From the earliest days of advocacy, much ink has been devoted to the topic of "rhetoric," speaking, debate, verbal persuasion and the various ways of reaching the decision-maker in an "auditory" way. There has also been, from the earliest days, treatises and instruction on how to appeal to the emotions and intuition (i.e., the kinesthetic thinking) of the decision-maker.

In contrast, while much has been written about "visuals" in the courtroom, most of that writing is relatively new. Computer animations, PowerPoint presentations, ELMO's, in-court video monitors and other technologies that were unseen 20 years ago are now common in courtrooms. In a case of any magnitude or complexity, these visual aids have come to be viewed as indispensible.

The trial lawyer's job is to help the decision-maker make sense of the complexity. For example, jurors, unlike lawyers, are not used to thinking in terms of hierarchies of claim / defense - element - proof. Jury charges, unfortunately, do not always clear up for the jury what it is exactly that they are supposed to be doing (and many times confuse the jury even more). A simple mind map, such as the one below, clarifies and illustrates to the jury that your client has proved everything that the law requires he prove to prevail.

In conclusion, mind maps are not just for the bar exam anymore. They are not simply abstractions reduced to butcher paper for one's own benefit. With the robust capabilities of mind mapping software, mind maps accelerate and improve the understanding of your case and (more importantly) give you the power to convince the decision-maker that your client is right.

Dave Maxfield practices with Trotter & Maxfield in Columbia. Michael Deutch is the Chief Evangelist for Mindjet and author of the Mindjet Blog.