Character Matters In Court

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.

Reaching Jurors on Different Levels

A successful lawyer is one who knows how to persuade jurors, that much is obvious. What is less obvious is that jurors are persuaded on several different levels. One level that is often ignored is the difference levels in how we each perceive information, our unique perceptual modes.

An individual’s perceptual mode determines the primary way that individual perceives events and situations: we see it, hear it or feel it. That is not to say that people who favor a visual mode, for example, only experience the world through their eyes. Rather, they first and predominantly experience the world in visual terms. Visually oriented people make use of the auditory and feeling modes, but only secondarily.

How does this apply to the courtroom?

Each of us tend to express and receive information in our preferred perceptual mode, to the relative exclusion of the other modes. Many men, for example, are visually oriented, and thus are focused on the visual. Women are frequently more kinesthetically (feeling) oriented, and relate to kinesthetic expression.

Figure out how you see the world: are you more likely to say “I see what you mean” “I can’t picture it” (visual), or “that sounds good to me” “Doesn’t ring a bell for me” (auditory), or “I understand how you feel” “I want to get a handle on this” (kinesthetic)?

Deliberately express yourself in all three modes during trial; make a conscious effort to communicate in those modes that are not your predominant one. In so doing, you will more effectively reach and therefore persuade all the jurors, not just those who resonate to your native mode.

Define the “How” and “Who” of Your Case in Story Form

Human beings across the globe are riveted by stories. Jurors are no different. Regardless of the nature of your case, find the story within it. The drier your case, the more important it is to do this.

            Be sure your story has elements of conflict or intrigue. Think of a good mystery or detective story: the story is either about “Who done it” or “How they did it” and sometimes both.

            For example, if your case theme is “greed,” tell the story of how the greed unfolded. Ask yourself continually “And then what happened?” Tell the story of the events to yourself by answering that question again and again. No matter how complex or business-oriented the case, there is always a sequence of events that can be told.

            Good stories have clearly defined heroes and villains. Describe the conflict between the parties as a human conflict between heroes and villains. Your “hero” may be flawed, but he or she must be presented as a hero if you want the jurors to root for your side.

            Show, for example, how your client is upholding a culturally approved goal or value. Even if your client is the victim, show not just that he/she was damaged, but that he or she upholds worth goals, such as the right to proper care, the right to expect safety in operating a vehicle/machinery. Too often we forget that jurors need someone to root for, not just someone to pity.