In the political world, character
has been a subject of considerable interest over the past year. In the trial
world, this is nothing new. An attorney’s character is always a subject of
interest to jurors. The more you exhibit sound moral character, the more favor
you are likely to find with the jurors.
Behaviors that are
characteristically interpreted as evidence of sound moral character include the
following:
1. Be professional toward
opposing counsel. Don't stoop to snide references about the way the opposing
side is presenting its case or avoid making other editorial comments. Treat
opposing counsel the way you would want to be treated, with good gamesmanship
and fairness. You can demolish opposing counsel's points and maintain a moral
stance; just don't demolish opposing counsel.
2. Be respectful of the
judge at all times, whether you agree or disagree with the judge's rulings and
decisions. Keep in mind that jurors consider the judge as the final arbiter of
what is moral and just in the courtroom. Don't whine or indulge in petty
behavior; arguing for the sake of arguing, for example. Even when you are
engaged in a sidebar, the jurors are watching. Keep your tone and body language
toward the judge respectful throughout the proceedings.
3. Be courteous to the
bailiff, court reporter and other courtroom personnel. No matter how tired,
annoyed or frustrated you become during trial, be polite to those around you.
Moral and upstanding individuals are expected to behave "better" than
the rest of us in trying situations.
Character
matters. When you display sound moral character, jurors are more likely to agree
with your interpretation of the facts.
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