Friday, December 2, 2016

Use Jurors’ Unrelenting Scrutiny To Your Advantage



The entire time you’re in Court, the jurors are watching you, trying to figure out from your expressions and body language what you think of what’s going on at any given moment, and how you are doing.

Use this unrelenting scrutiny to your advantage.

For example, if you want to let the jurors know you think a witness is being less than candid, raise an eyebrow and look quizzically at the witness, as in “Oh, really?!” Hold that expression for a moment or two while the witness is responding, and then look down briefly, frowning, as in “I don’t believe what I’m hearing.” Which is precisely the conclusion you want the jurors to draw.

To dismiss a witness’s testimony as less than credible, walk a few steps away from the witness during his or her testimony, thereby removing your eye focus from the witness. It’s as if you were saying, “I can’t stand here and listen to this nonsense.”

To put a witness on the spot, stand totally still in front of the witness, resist the urge to make any acknowledging head nods, and maintain steady, almost rigid eye contact, thus effectively pinning the witness down with your look.

To give value to a witness, be that their person and/or their testimony, stand fairly close to the witness in a natural, somewhat relaxed posture, maintain good eye contact, and nod approvingly.

Be conscious of your body language and expressions. They are yet another valuable tool in your litigation tool-kit.

Monday, October 31, 2016

Two Easy Tips For Persuasive Expert Testimony




Experts are experts in their subject matter, but not necessarily experts at testifying, as many a lawyer has found out at trial, much to his/her dismay.

One way to make sure your expert testifies in a way that will persuade the jurors, is to have your expert formulate "umbrella statements." These are statements that give an overview of what is to follow.

For example, an expert might begin with the umbrella statement "Upon examination, I found significant differences between X and Y," rather than launching immediately into a description of the features of X, not mentioning Y until 10 minutes later, and not discussing the differences between the two until another 10 minutes has elapsed. Jurors need to be guided. Without the benefit of an "umbrella statement," jurors don't know what they should be listening for. Your expert's excellent points may be lost in the clutter.

Another way is to have your experts bottom line key points as they conclude a given
segment of testimony. Phrases such as "To sum it all up," or "What this means is" are helpful in introducing a concise, condensed, easy-to-remember version of  the critical point just made.

With a jury, clarity and easy-to-grasp concepts/points make for the best testimony.

Sunday, October 2, 2016

Through The Jurors' Eyes: Persuasion 101



Regardless of how many times jurors are admonished not to do their own investigating, they do it all the time. When discovered, most often the case ends up in a mistrial, lengthy appeals or retrials. But these juror actions also tell us that lawyers are not doing their job. It’s time to stop dinging the jurors for attempting to ferret out the truth on their own, complaining that jurors are too uneducated or uninterested to understand a case as presented, and instead, give jurors the clarification they seek.

It doesn’t take much, especially when you bear in mind that visuals are the most convincing, quickest way to get your point across. For example, In People vs. Victoria Samantha Cook, CA Dist. 4 Ct. App., Div. 2, (Mar. 19, 2013), a juror bought toy cars during a deliberation lunch break, which the juror then used to reenact the accident central to the case. How complicated would it have been for the lawyers to demonstrate their interpretation of the accident with the simple expedient of toy cars? Or some other equally inexpensive and yet persuasive visual.

Do your best to see the case through the jurors’ eyes, understanding that jurors want to see for themselves whatever it is you claim is your best evidence. A little effort in that direction will take you a long way toward a winning case.