HO
WOMEN’S INITIATIVE TEAM | issue Twenty-Six
THE
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Y
IS
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Art OF PERSUASION
We’re all salespeople. Our job titles may
not have anything to do with sales, but in
just about every relationship in our lives—
from bosses and customers to friends and
family—we’re at least occasionally selling
something. Very rarely are we trying to
sell a product, however. Most of the time,
we’re simply trying to delegate a task, coax
a toddler to eat or convince a hostess to
give us a table even though the rest of our
party hasn’t arrived.
Letting someone
“sleep on it” allows
them to reconsider...
Regardless of whether money changes
hands, though, it’s all sales. Salesmanship,
after all, is simply persuading someone to
spend money. The rest of the time, we’re
simply selling our point of view, our desires
or our convictions.
Being persuasive is more art than science,
however—although there has been a fair
amount of science on what works and what
doesn’t. For this issue of Straightline, we’ve
compiled some of the best tips for being
persuasive at work, at home and everywhere
in between.
YOU CAN’T HACK IT
Ultimately, our most persuasive trait is our
character, as revealed over months and years
of getting to know another person. Assuming
we have proven ourselves as someone whose
word can be trusted, we’re most persuasive
with those we know the best.
No amount of persuasion “hacks” or
psychological tricks, however, can overcome
a track record of missed deadlines, tardiness
or general lack of integrity. So to set yourself
up for optimal persuasiveness, having a
reputation for being trustworthy is the best
sales tip around.
But how can we win over relative strangers or
the difficult to persuade (e.g., an irate customer)?
An ability to build rapport with others
is key, and is the centerpiece of persuasion
tactics espoused by the popular sales bible,
How to Win Friends and Influence People,
by Dale Carnegie. Sincerity is tough to fake,
though. If your goal is to improve your
ability to win others over to your way of
thinking, there’s no substitute for having
a genuine interest in and respect for them
and their point of view. At a minimum,
learn their names. But asking questions
about them and paying full attention to
their answers (a difficult task in the presence of our omnipresent electronic toys)
can help establish camaraderie with even
a passing acquaintance.
When appropriate, a sincere compliment
can go a long way. But wield this tool
delicately, as an insincere compliment can
do more harm than good. As a general rule,
if you find yourself looking for something
to compliment just so you can say something
nice to the person, it’s probably a gratuitous
compliment and should be avoided. But if you
truly love the other person’s work—or just
their earrings—make a point of mentioning it.
PREPARATION
As important as it is to have credibility and
rapport with the target of your persuasion,
it’s just as important to be meticulously
prepared with facts to back up your position
and responses to their potential questions
or objections. If you’re trying to convince a
supervisor to give you a particular project, be
prepared to cite examples of similar projects
you’ve worked on. If you suspect your boss will
ask how you can take on the project on top of
your current workload, be ready with a solution.
Reciprocity is another powerful persuasion
tool. In politics, it’s known as logrolling—
voting for another legislator’s bill in exchange
for their support for yours. Sure, it’s how
we’ve achieved a multi-trillion dollar deficit
and a tax code the size of Montana, but it’s
also how dams are built and political careers
are made. When it comes to persuasion,
reciprocity often has more currency than
actual currency. Recall that the Godfather,
Don Vito Corleone, traded in favors as often
as he did cash.
Your favors don’t need to be as life or
death as Corleone’s, or as expensive as a new
weapons system, to be valuable to the person
you’re seeking to persuade. It could be as
simple as an offer to recommend a co-worker
for an assignment in exchange for their
support for your proposal, or even “I’m happy
to pick your kids up from softball practice if
you can drive mine over there.”
Particularly when a person’s time is just
as valuable as their money, the simple act of
reciprocity can be key to making a deal happen.
SLEEP ON IT
Patience is another underrated persuasion
tool. Letting someone “sleep on it” allows
them to reconsider what may have been an
initial rejection. Sometimes they may come
up with reasons to accept your proposal on
their own, but sometimes all that’s needed
is for you to plant the seed of an idea and allow
the other person to let it sprout into something
more fully fleshed-out and acceptable.
If your proposal is initially met with
ambivalence or even rejection, it’s possible
that they will change their mind over time.
So it’s wise to stay in touch and make sure
they know your offer still stands.
Welcome
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Inside
> Simplicity Your Way
> Holiday Gift Guide
> The Dos & Don’ts of Compliance with Anti-Corruption Laws
Illinois University found that the simple
addition of the phrase “but you are free”
doubles the chances of someone agreeing
to a request. The researchers found that
subjects were more likely to donate to
a charity, agree to take a survey or give
money to a stranger asking for bus fare
if the request is followed up with “but
you are free not to” or “but obviously
don’t feel obliged.”
The success of the phrase appears to be
that the sentiment reaffirms the listener’s
freedom of choice. The two most important
elements of success, researchers found,
were the immediacy of “but you are free” (it
must be stated as soon as possible after the
request) and the fact that the request is made
face-to-face. The technique doesn’t work as
well over the phone or in a letter/email.
‘BECAUSE’
‘BUT YOU ARE FREE’
A 2012 study by researchers at Western
Another technique that increases compliance is the use of “because.” Even if the
Continued on page 2
©2015. Produced by Andrews Kurth’s Women’s Initiative Team.
PERSUASION
Continued from page 1
reason you’re citing doesn’t make much sense, if the
favor is small enough, “because” seems to do the trick,
according to Harvard psychology professor Ellen Langer.
In her study, subjects asked to jump ahead of a line
of people waiting to use a copy machine. Some asked
to skip ahead and didn’t give a reason, some justified
their request with the seemingly nonsensical “because
I have to make copies” (not much of a justification for
jumping ahead of others), and the final group asked to
jump in line “because I’m in a rush.” Half the subjects
asked to make 5 copies and half 20 copies.
For those seeking to make just 5 copies, 93 percent
of them were successful when they used “because,” even
the “because I have to make copies” group. The 20-copy
group was much less successful, only jumping ahead 24
percent of the time, even when they used “because.”
The lesson, the researchers concluded, is that small
requests are often granted mindlessly because the
listener isn’t necessarily processing the information
fully. They hear “because” and assume a sufficient
reason for the request was given, so they go on a sort
of autopilot and grant the request.
Larger favors, however, don’t seem to be subject
to the charms of “because.” For that, there are two
final techniques.
FOOT IN THE DOOR
If you have a bigger favor to ask, first ask for a small,
easy-to-grant favor; people are more likely to say yes
to a bigger request if they’ve granted a smaller one
first. In one study, a man asked 360 women he met
on the street to go on a date. When he simply asked
them out, he was only successful 3 percent of the
time. When he first asked for directions or for a light
for his cigarette (the foot in the door), he got the date
15 percent of the time.
DOOR IN THE FACE
The corollary to “foot in the door” is “door in the
face.” In this technique, the asker first requests something they know won’t be granted (and that they don’t
even really want). Once that request has been rejected,
they then ask for what they really want.
One study that tested this approach involved a
woman at a bar asking other patrons for money. In
some cases, however, she would ask the patrons to buy
her drink because her boyfriend had left without paying
the bill. After the person refused, she would then ask
for a much smaller sum of money. She received the
smaller sum of money far more often when she first
asked the other person to buy her drink than when she
just asked for the small sum of money.
PERSUASION IS ALL AROUND US
The good news about persuasion is that, whether we
realize it or not, we’re engaged in it on a daily basis in
multiple parts of our lives. Whether we’re negotiating
with co-workers, asking for a promotion or just getting
our teenagers to clean their rooms, we’re all our own
personal sales managers.
Being more mindful of the techniques we use
successfully in one part of our “sales job” can make us
more effective at it in others. 
simplicity your way
All the books, magazines and articles aimed at exhorting
us to simplify our lives have, for the most part, only served
to overwhelm those of us looking to live life in the simple
lane. After all, if you’re already too busy, who has time to
read an entire book, or even a magazine, telling us how
to simplify?
Besides, the definition of simple is different for each of us.
An acceptable level of unscheduled time for one person may
be soul-crushingly busy (or dreadfully dull) for another. To
simplify the sometimes complex goal of simplicity, it helps
to boil it down to one concept: ensuring that the bulk of your
time and energy are spent, first and foremost, on activities
that reflect your values and feed your soul.
What “matters,” however, is different for everybody. For
some people, building a business or enhancing a career is
the main objective; for others it could be maximizing time
in nature. Of course, time and energy spent nurturing our
most important relationships are always worthwhile, as
are investments in our health. But there are countless
other possibilities, including volunteering, worship,
music and hobbies.
Each of us has the same 24 hours every day. Granted,
many of the activities that fill our days are just the cost of
being human. But not all of them are non-negotiable. If your
workdays are filled with meeting other people’s goals, decide
on one or two of your own (a promotion, a new job, etc.) and
carve out some time each week to make progress on them.
Whether it’s attending a networking event, polishing your
LinkedIn profile or taking a prospective client to lunch, find
time to make your goals a priority.
As for your non-work hours, treat them as the precious
commodity they are. Decide which activities most nourish
you and actively seek them out. That could mean casting off
or reducing some volunteer obligations (unless they align
with your personal priorities) and delegating or outsourcing
some chores.
Most important, it means prioritizing those “important but
not urgent” activities that you never seem to find time for but
that—if you could make them happen—would dramatically
improve your life. That could be as simple as a weekly lunch
with a friend or as complex as planning the backpacking trip
on your bucket list.
BE WHERE YOU ARE
Sometimes, our problem isn’t a lack of fulfilling activities.
Rather, it’s that we aren’t fully present when we’re supposed
to be enjoying them.
Social media, not surprisingly, has worsened this problem.
Attend any party, concert or festival and you’re likely to see a
substantial portion of those in attendance posing for selfies,
recording the show and posting their whereabouts on Twitter
(or Facebook, Snapchat, etc.).
Certainly, capturing happy moments has value. And
sharing them on social media can add to the experience.
But when too much of your time at a special event is
spent recording the moment for “later” and sharing it with
people who aren’t there, you’re removing yourself from that
moment and giving it only a fraction of your attention. Worse,
you’re spending more energy on those who aren’t with you
than on those who took the effort to accompany you.
...make your media
consumption mindful.
But it’s not just social media taking us away from the
things that matter (don’t even get us started on the rabbit
hole called Pinterest). Media of all kinds are overwhelming
us. Magazines, podcasts, books, newspapers, movies and TV
(broadcast, cable and streaming) give us a never-ending flood
of information and entertainment, much of it extraordinarily
good and worthy of our time. Of course, staying up on current
events and developments in our profession is important. And,
for those of us who love to read, books and magazines keep
our mind sharp and our conversation interesting.
But there’s a limit to how much we can read, listen to and
watch. To maintain your sanity, and maximize the time you
spend consuming media that reflects your values, make your
media consumption mindful.
That doesn’t mean no Facebook or Real Housewives. After all,
Facebook can help us stay abreast of our friends’ and families’
major life developments. And Real Housewives, well, everybody
deserves a bit of junk food now and then.
The key is making sure your media diet feeds all your
needs—professional, literary, news, social and mindless—and
deciding what proportion of your time needs to be spent in
those various pursuits.
Face it: Unless you do nothing else, you will probably never
read all the news and professional journals you should be
reading, and you’ll never make it through all the books on
your Goodreads “to read” list. There will be entire TV series
you’ve never seen a minute of and classic movies whose
references you’ll never comprehend.
And that’s OK.
Just as with all your other obligations, decide what’s
non-negotiable, what feeds your soul and what you can live
without, and consume your media accordingly.
LIVING LIFE IN THE SIMPLE LANE
Living the simple life is definitely not a one-size-fits-all
journey. But nobody ever achieved happiness by living
according to someone else’s standards, so live mindfully,
and make sure your calendar reflects your values. 
LEAD
FRESH FACE
Leslie Ritchie Robnett
Associate | Litigation | Austin
Leslie handles complex regulatory
and administrative matters that
frequently span from administrative
litigation to the appellate level.
Her clients are commercial businesses or state and
national trade groups in regulated industries
seeking representation before Texas governmental
entities. Leslie earned her J.D. in 2008, with honors,
from The University of Texas School of Law. She
received her B.A., with highest honors, from The
University of Texas at Austin in 2004.
If reading is your priority, grab one of these four titles
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The Life-Changing Magic of Tidying Up | Marie Kondo
The Big Tiny: A Built-It-Myself Memoir | Dee Williams
Rising Strong | Brené Brown
Grow Your Value: Living and Working to
Your Full Potential | Mika Brzezinski
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The DOs & DON’Ts of Compliance
with Anti-Corruption Laws
The Foreign Corrupt Practices Act (FCPA) strictly prohibits
the payment of bribes to foreign government officials for
the purposes of obtaining or retaining business or securing
an improper business advantage. Enforcement of the FCPA
has been a priority for both the U.S. Department of Justice
(DOJ) and the Securities and Exchange Commission (SEC)
in recent years and will continue to be in the near future.
Other countries, including the U.K., have adopted similar
anti-corruption laws and enforcement worldwide is gaining
momentum. The costs associated with anti-corruption
investigations, whether internal or government initiated,
vastly exceed any cost of compliance. Adopting and
implementing an effective anti-corruption policy is more
important than ever.
a review of operational realities and the risks attendant to the
company’s business; work with in-house counsel and outside
counsel, if appropriate, to prepare a confidential assessment report.
DON’T: Miss a major issue as a result of undue emphasis on
less risky areas.
DO: Explain incentives and disciplinary consequences
for anti-corruption violations.
DON’T: Ignore violations by senior employees while
disciplining more junior ones.
Adopting and implementing
an effective anti-corruption
policy is more important
than ever.
Companies that make a good-faith effort and implement
an effective anti-corruption compliance program are more
likely to receive leniency from the U.S. and U.K. governments if a violation should occur at some point. An
effective program includes diligent implementation,
ongoing monitoring, testing and auditing to evaluate your
company’s program—both of the company’s own employees
and all third-party aff iliations—as well as continual
improvement of your anti-corruption compliance program.
Following the compliance steps the DOJ, SEC and U.K.’s
Serious Fraud Office (SFO) have identified is the best
way to establish a good-faith effort at compliance.
1 Top-Level Commitment
DO: Set the right tone at the top.
DON’T: Create a culture that ignores anti-corruption compliance.
2 Clear Policies and Procedures
Compliance Responsibility Rests with a Senior
3 Executive with Autonomy
DO: Appoint a member of senior management to oversee
anti-corruption compliance and ensure that the organization
has an effective compliance program.
DON’T: Entrust compliance to a low-level employee without
access to the board or resources to implement the program.
4 Communication of Policies; Training and Advice
DO: Adopt explicit written policies regarding anti-corruption
in an easily understandable format for all employees and
conduct training and education for the board, high level
persons, employees and, as appropriate, agents.
DON’T: Adopt a one-size-fits-all approach. Training should be
tailored to meet the risk profile of the specific group being trained.
Incentives for Good Behavior and Disciplinary
6
Measures for Bad Behavior
Maintenance of Due Diligence Programs for
7
Business Partners and Merger/Acquisition Targets
DO: Conduct due diligence of all third parties, including
agents, joint venture partners, international sales
representatives, international logistics agents,
distributors, resellers/traders and international
non-U.S. governmental representatives.
DON’T: Overlook merger or acquisition targets—remember
that the acquiring company assumes all legal and business
risks. Before closing the deal, the acquiring company
should perform detailed due diligence to ensure anticorruption compliance.
Mechanism for Reporting
8 Conf identially/Anonymously
DO: Institute a hotline for employees to ask questions
or report suspected wrongdoing on a confidential and/or
anonymous basis.
DON’T: Give senior or top-producing employees the benefit
of the doubt—investigate reported or suspected violations.
9
Mechanism for Investigating Reports of Misconduct
DO: Adopt a written compliance policy as part of the
company’s Code of Business Conduct.
DON’T: Adopt a policy and then ignore it.
5
Performance of Risk Assessments and Triage
as Appropriate
DO: Include risk assessment as part of the program, including
DO: Have a process to investigate allegations of criminal
conduct and suspected violations of the anti-corruption
laws and company policies “at the direction of counsel.”
DON’T: Fail to modify the program, including policies,
training and communications, after detection of
misconduct or lapses to prevent future violations.
Periodic Testing and Review of the
10
Compliance Program
DO: Take reasonable steps to regularly monitor, evaluate
(test), audit and update the company’s program to ensure
ongoing compliance.
DON’T: Fail to train accounting staff on the best practices
for conducting enhanced review of high-risk transactions
and identifying red flags related to corruption, including
those on the DOJ’s red flag list.
DO: Document the company’s compliance program,
including plans, implementation, monitoring, testing
and auditing of compliance and effectiveness.
DON’T: Fail to conduct training when needed to correct
any deficiencies and identify new or updated controls
and procedures.
CONCLUSION
The U.S. government has declined to prosecute
companies that have successfully implemented effective
compliance programs in the past (e.g., PetroTiger, Morgan
Stanley and Global Industries) and has indicated that it
will continue to do so in the future. The U.K. government
also has provided a defense to companies with an adequate
compliance program. An anti-corruption program that
implements the 10 steps above should provide your
company with proof it has an adequate and effective
program and will increase the likelihood of satisfying
both the U.S. and U.K. governments in the event of a
government investigation. 
DENA PALERMO
Andrews Kurth LLP, Partner and Co-Chair
White Collar and Regulatory Enforcement
Houston
Guest Writer
STEPHANIE ANDERSON
AlixPartners, LLP, Managing Director
Dallas
Dena’s litigation practice focuses on commercial
cases and corporate investigations. Her experience in
corporate investigations has included the representation
of individuals, corporations and audit committees in
investigations and disclosures to the SEC and DOJ of
transactions pertaining to the Foreign Corrupt Practices Act.
Dena also counsels U.S. companies with foreign operations
regarding compliance with anti-corruption laws, including
the FCPA and the U.K. Bribery Act.
Stephanie is an expert in accounting, corporate
governance, business valuation and compliance, and leads
teams that assist companies in developing and remediating
financial accounting processes to reduce costs, improve
the efficiencies and the quality of financial reporting,
and provide better corporate governance and compliance.
She also assists clients and counsel in responding to
changes in accounting policies and to fraud incidents,
including investigations commenced by and reported
to the SEC’s Enforcement Division, the DOJ and foreign
regulatory entities.
Women’s Initiative Team
About the Firm
EDITOR IN CHIEF
MEMBERS
Kathleen Wu, [email protected]
Nancy Bostic
Tammy Brennig
Kay Lynn Brumbaugh
Elizabeth Campbell
Meghan Griffiths
Bob Jewell
Since 1902, Andrews Kurth has built its
practice on the belief that “straight talk is
good business.” Real answers, clear vision and
mutual respect define the firm’s relationships
with clients, colleagues, communities and
employees. With more than 400 lawyers across
10 offices worldwide, Andrews Kurth represents
a wide array of clients in multiple industries.
EDITORIAL BOARD
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Lisa Montgomery Shelton
Kathy Strahan
EDITOR OF THE LEGAL ARTICLE
Melinda Brunger
PRODUCTION
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Dena Palermo
Callie Parker
Shemin V. Proctor
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Kathy Strahan
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