Analysis of a Speech by Philip K. Howard

Philip K. Howard is a lawyer from New York and author of the books The Death of Common SenseThe Collapse of the Common Good and Life Without Lawyers. One of his great concerns is the manner in which his country, the United States, has become paralyzed by the proliferation of laws and lawsuits, and by the pervasive threat of litigation.

Philip K Howard
Philip K. Howard

In this TED talk, Howard offers four suggestions for fixing the American legal system. It is an excellent talk. Following the speech is my analysis of what we can learn from it about public speaking.

So, what can we learn from Howard about public speaking? In particular, what can we learn about giving a speech where our general objective is to persuade our audience to agree with our position on a matter?

What I liked

  • 0:30 – Howard states his objective right up front: The law is a powerful driver of human behaviour, and the US needs to overhaul and simplify the law to release the energy and passion of Americans to address the challenges facing their society. Straight talk with the audience at the outset is almost always appreciated. They know your position and now it is up to you to build your case.
  • 0:46 – He seeks out common ground with the audience early on by noting how the law has become a bigger part of their lives in recent years. In a persuasive speech, it is a good idea to start where there is agreement and move on to matter where there is, or might be, disagreement.
  • 1:20 – Howard begins the first of several stories that reinforce his point about the absurd state of the law in the US today. And the first set of stories is about the education system – something with which most people have direct experience.
  • 2:50 – He returns to his thesis: We have been taught that the law is the foundation of a democratic society, but in recent decades, the country has become a legal minefield and it has changed us (again seeking common ground with the audience).
  • 3:10 – He goes into another short story, this time about the medical profession. Again, something with which people can relate.
  • 3:25 – Philip K. Howard gives an example of how this seemingly uncontrollable web of rules has even snared him, again establishing common ground with his audience.
  • 4:00 – He give an example of the crazy litigation in the US. This type of litigation certainly helps his case. But Howard does not attempt to exploit it. To the contrary, he downplays it. Thlis is a brilliant move on his part, for it heightens his credibility when he gets to his main point: These laws have changed American society to such an extent that people no longer feel free to act on their own best judgement; the result is a stifling of initiative and problem-solving. This is an excellent example of focus in a speech. We cannot cover every point and must prioritize. Unfortunately, many people don’t. They try to cover everything rather than the main points. As I tell the students in my public speaking courses, “Decide what your message is and focus on it. If everything is important, nothing is important; if everything is a priority, nothing is a priority.”
  • 4:30 – Philip K. Howard asks, “So what do we do about it?” By this time he has set up the problem and begins to look at solutions.
  • 4:55 – He introduces a terrific metaphor – looking at every problem through a “legal microscope”. It is one to which he exploits to maximum effect.
  • 5:40 – “Of course, this is Utopia. [pause]It’s a formula for paralysis, not freedom. [short pause] It’s not the basis of the Rule of Law; it’s not the basis of a free society.” Great line.
  • 6:00 – The first proposition for change.
  • 6:00 to 8:00 – He uses stories and statistics to support the rationale for the first proposition. Note the diverse fields from which the stories and statistics come: medicine; education; the environment; transportation; everyday items such as coffee and fishing lures. (If you are interested in fishing poles or lures, check out these links.)
  • 9:35 – Philip K. Howard is not afraid to speak bluntly: “People are acting like idiots.”
  • 11:10 – The second proposition for change. And what a great opening line: “The challenge here is not just one of amending the law, because the hurdle for success is trust.”
  • 11:45 – “It drives us from the smart part of the brain … to the thin veneer of conscious logic.” Great line.
  • 13:05 – The third proposition for change.
  • 14:30 – The fourth proposition for change.
  • 16:50 – “You can’t run a society by the lowest common denominator.” Great line.
  • 17:00 – The beginning of his final call to action – a shift in our philosophy.
  • 17:20 – Note the effective use of the tricolon “if … then” series, said rapidly and building in intensity for effect.
  • 18:00 – The emotional ending. Howard’s commitment and passion for the subject were evident throughout his speech. However, the emotion in his voice for his final few words was poignant.
  • As a final, general comment, I thought that he sprinkled humour nicely throughout the speech to help lighten a serious topic.

Suggestions

  • It would have been wonderful to see him deliver it without notes, or at least with fewer notes. I appreciate that he had a lot of material to cover, but it seemed that, on occasion, he slowed up when he had to refer to his notes. Not having to hold his papers would also have allowed him to gesture much more effectively. When he spoke without looking at his papers (which was most of the time) he was incredibly engaging and persuasive.
  • He stood in one place the entire time. That is a shame. He had a wide stage and should have used it. Well timed, purposeful movement engages an audience. Moving about would also have allowed Howard to interact more with the people sitting along the edges of the auditorium.

My suggestions, however, do not detract from the fact that this was a wonderful speech delivered by a speaker who spoke passionately and eloquently on a topic of great importance. As a lawyer myself, I found it particularly moving and I agree wholeheartedly with Howard’s common sense approach to a significant problem.

Photo courtesy of WashDC20009

Like this article?

Share on Facebook
Share on Twitter
Share on Linkdin
Share on Pinterest
mannerofspeaking

mannerofspeaking

  1. Hi John,

    Great piece and really detailed analysis – wow!

    I ran a competition for some of my clients recently to analyze the TED talk of Sir Ken Robinson (How Schools Kill Creativity). A bottle of champagne went to the best entry and I think it stimulated some deeper thought on how to truly connect with an audience.

    I reached a personal milestone recently, talking at the TEDx event in Warwick University, England. It’s the independently organised version of ‘big TED’ and I consider it a stepping stone towards a lifelong ambition to speak on the main stage. I tend to talk about the human element of business and the importance of personal branding, something that’s taken hold in the US but not yet in the UK.

    Look forward to reading more of your posts.

    Best wishes,

    Andy Thorp

    1. Andy, thanks for the thoughtful comment. Much appreciated! And congrats on speaking at TEDx. That’s huge – well done. As for the speech by Sir Ken Robinson, it is one of my favourites on TED. In fact, if you search my blog, you will see that I also analyzed his speech. Have a look to see how it compares with the entries that you received. (If it’s good, I won’t hold you to the champagne. Perhaps a pint of beer together in the future.)
      Cheers!
      John

  2. What a great selection of speeches in your blog! And your analysis is ever so informative. Listening to the speeches and reading your comments is a great pleasure. Thank you!

Leave a Reply

Your email address will not be published. Required fields are marked *

fourteen + eighteen =

Testimonials

John delivered a keynote address about the importance of public speaking to 80 senior members of Gore’s Medical Device Europe team at an important sales event. He was informative, engaging and inspirational. Everyone was motivated to improve their public speaking skills. Following his keynote, John has led public speaking workshops for Gore in Barcelona and Munich. He is an outstanding speaker who thinks carefully about the needs of his audience well before he steps on stage.

Karsta Goetze

TA Leader, Gore and Associates

I first got in touch with John while preparing to speak at TED Global about my work on ProtonMail. John helped me to sharpen the presentation and get on point faster, making the talk more focused and impactful. My speech was very well received, has since reached almost 1.8 million people and was successful in explaining a complex subject (email encryption) to a general audience.

Andy Yen

CEO, Proton Technologies

John gave the opening keynote on the second day of our unit’s recent offsite in Geneva, addressing an audience of 100+ attendees with a wealth of tips and techniques to deliver powerful, memorable presentations. I applied some of these techniques the very next week in an internal presentation, and I’ve been asked to give that presentation again to senior management, which has NEVER happened before. John is one of the greatest speakers I know and I can recommend his services without reservation.

David Lindelöf

Senior Data Scientist, Expedia Group

After a morning of team building activities using improvisation as the conduit, John came on stage to close the staff event which was organised in Chamonix, France. His energy and presence were immediately felt by all the members of staff. The work put into the preparation of his speech was evident and by sharing some his own stories, he was able to conduct a closing inspirational speech which was relevant, powerful and impactful for all at IRU. The whole team left feeling engaged and motivated to tackle the 2019 objectives ahead. Thank you, John.

Umberto de Pretto

Secretary General, World Road Transport Organization

I was expecting a few speaking tips and tricks and a few fun exercises, but you went above and beyond – and sideways. You taught me to stand tall. You taught me to anchor myself. You taught me to breathe. You taught me to open up. You taught me to look people in the eye. You taught me to tell the truth. You taught me to walk a mile in someone else’s shoes. I got more than I bargained for in the best possible way.

Thuy Khoc-Bilon

World Cancer Day Campaign Manager, Union for International Cancer Control

John gave a brilliant presentation on public speaking during the UN EMERGE programme in Geneva (a two days workshop on leadership development for a group of female staff members working in the UN organizations in Geneva). His talk was inspirational and practical, thanks to the many techniques and tips he shared with the audience. His teaching can dramatically change our public speaking performance and enable us as presenters to have a real and powerful impact. Thank you, John, for your great contribution!

Sara Canna

HR Specialist, World Health Organization

John is a genuine communication innovator. His seminars on gamification of public speaking learning and his interactive Rhetoric game at our conference set the tone for change and improvement in our organisation. The quality of his input, the impact he made with his audience and his effortlessly engaging style made it easy to get on board with his core messages and won over some delegates who were extremely skeptical as to the efficacy of games for learning. I simply cannot recommend him highly enough.

Thomas Scott

National Education Director, Association of Speakers Clubs UK

John joined our Global Sales Meeting in Segovia, Spain and we all participated in his "Improv(e) your Work!" session. I say “all” because it really was all interactive, participatory, learning and enjoyable. The session surprised everybody and was a fresh-air activity that brought a lot of self-reflection and insights to improve trust and confidence in each other inside our team. It´s all about communication and a good manner of speaking!"

Jon Lopez

General Manager Europe, Hayward Industries

Thank you very much for the excellent presentation skills session. The feedback I received was very positive. Everyone enjoyed the good mix of listening to your speech, co-developing a concrete take-away and the personal learning experience. We all feel more devoted to the task ahead, more able to succeed and an elevated team spirit. Delivering this in a short time, both in session and in preparation, is outstanding!

Henning Dehler

CFO European Dairy Supply Chain & Operations, Danone

Thanks to John’s excellent workshop, I have learned many important tips and techniques to become an effective public speaker. John is a fantastic speaker and teacher, with extensive knowledge of the field. His workshop was a great experience and has proven extremely useful for me in my professional and personal life.

Eric Thuillard

Senior Sales Manager, Sunrise Communications

John’s presentation skills training was a terrific investment of my time. I increased my skills in this important area and feel more comfortable when speaking to an audience. John provided the right mix between theory and practice.

Diego Brait

Director of the Jura Region, BKW Energie AG

Be BOLD. Those two words got stuck in my head and in the heads of all those ADP leaders and associates that had the privilege to see John on stage. He was our keynote speaker at our annual convention in Barcelona, and his message still remains! John puts his heart in every word. Few speakers are so credible, humble and yet super strong with large audiences!

Guadalupe Garcia

Senior Director and Talent Partner, ADP International