Jury research tells us time and again how intensely jurors focus on witnesses, from their appearance and demeanor to their behavior both on and off the stand. So much of the efforts preparing for trial then are rightly dedicated toward making sure those witnesses communicate the way we need them to, sometimes at the expense of losing focus on how attuned jurors are to your behavior as well. Those presenting the case don’t escape that same level of scrutiny from jurors, and some of the advice we give witnesses works for you, too. It’s time to practice what we preach.
As jurors’ first introduction to the case, you set the tone for how they appreciate and receive your client’s position throughout trial. Overly aggressive, disorganized or uninterested behavior on your part during the case, as early as voir dire, tells jurors something about those you represent, even if it’s totally inaccurate. When counsel reflects an approach to the trial process that shows reasonableness, fairness and respect, that tells jurors something about your clients and the case that is far more valuable. You have every opportunity to start impressing upon jurors what kind of person or company you represent well before you open or the first witness testifies, because jurors are so deftly aware and judgmental of how we behave. From jurors’ perspective, you are an extension of your client. If we need jurors to believe that client acted responsibly, we can show them that, starting with you.
