The Power Sit

 

Now that we are back in the courtroom as opposed to our above-the-waist-only position on Zoom, our witnesses/experts’ body language is once again relevant.

In working with witnesses, I developed the “Power Sit” – my shorthand for “Please sit up straight, your back against the back of the chair, with your head level, arms on the arms of the chair,” because experience showed me that witnesses who sit this way, demonstrating good posture, are deemed more credible by jurors.

How does this work?

         - The “Power Sit” bolsters your witnesses’ self-confidence and self-esteem, a consequence of self-respect. Your witnesses are more likely to give credible testimony because they feel better about themselves.

         - Your witnesses are more likely to be perceived by jurors as credible and persuasive, because in our society, those who maintain good posture are considered worthy of respect.

It then stands to reason, that with just a little attention to your own posture, whether sitting at counsel table, standing at the podium or in the well, you can be an even more powerful and convincing litigator. Every little bit helps when it comes to winning your case.

Don’t Discount the Power of Body Language!

The jurors who convicted Philadelphia abortion doctor Kermit Gosnell of first-degree murder in May of this year commented not only on the gruesome photographs they were required to view, but also on the demeanor of the defendant. As one juror put it, it was difficult to look at Dr. Gosnell in the courtroom: “He just sat there for the past eight weeks, smirking.”

Body language and facial expressions are powerful. Jurors stare at your client/s for hours on end, and quite naturally form impressions based on what they see. In the above referenced case, Dr. Gosnell may not have thought he was smirking. He may have no awareness of how his facial expressions come across.

Recently I worked with a witness who has a decided “chin drift,” that is to say he holds his chin up, such that it looks like he’s peering down his nose at the world, an arrogant posture. This is not an arrogant individual, he just has poor posture, which in his case leads to his chin drifting skyward. But I had to help him correct his body language so that the jurors, who believe what they see, would not automatically categorize the witness as arrogant, and therefore perceive him to be unsympathetic.

The best way I know to address body language and facial expression issues with a witness, is through the medium of video-taped role play. When a witness sees his/her body language, and is informed as to what it conveys, it’s much easier for the witness to make the necessary adjustments. Often, these are small adjustments, yet they are crucial.

You need every card you can think of stacked your way to win your case!