Don’t Bust Your Credibility with Unconscious Mannerisms!

Every second you are in the courtroom, jurors are looking at you, judging you, spontaneously coming to conclusions about your competence and credibility based solely on their in-the-moment perceptions.

Because jurors have no way of knowing you through the usual means – conversation, time spent in a mutually pleasing activity (sitting on a jury does not qualify!) – their conclusions about you are based on stereotypical ideas.

For example, when you’re innocently jiggling change in your pocket, a common but unfortunate male habit, or fussing with your hair, a habit shared by both sexes, such mannerisms, innocuous as they are to you, may readily be interpreted as evidence of “nervousness.” Nervousness, in turn, is equated with incompetence, as are certain facial expressions, such as frowning or frequent pursing of the lips.

Arrogance is too easily read in one’s “steepling” of the hands (hands held in upright prayer position, with the finger tips touching, palms usually a few inches apart), or if your head is tilted a bit back so that your chin is slightly elevated.

Slumped shoulders, head tilted down, getting up slowly and plopping down with a thud into your chair are all read as “not-doing-so-well” which then slides into “loser” all too quickly.

Arms crossed over your chest bespeak defensiveness or hostility. Hands on your hips may appear overly aggressive and demanding.

It may seem like a lot to think of, while your primary focus must be on the case itself, yet credibility and competence can be reduced to a few simple guidelines:

            1. keep your hands off your person

            2. stand or sit up straight

            3. keep your mannerisms in check.

Easy enough! And with credibility intact, you’re much better positioned to win your case.

A Dynamite Persuasion Technique: “But You Are Free”

We live in the “land of the free, home of the brave.” As a people, we cherish freedom, but it’s something lawyers do not always factor in to voir dire and closing arguments.

And yet, 42 psychological studies on 22,000 people has shown that the single most powerful persuasion technique is to give people the freedom to choose. In other words, when you ask someone to do something, make sure to add to your request, “but you are free” to do otherwise.

The exact words don’t matter, for example, the phrase “But obviously do not feel obliged” worked as well as “but you are free.” What’s important is that people resist being forced to a singular choice. When you give them the option to choose, people are more amenable to being persuaded by you.

The used-car salesman who says “But of course, you’re free to compare the price with other dealers” is more likely to make the sale than the salesman who hammers a “this deal is the best deal you’ll ever get” approach.

However you phrase it, whenever possible, give jurors a “but you are free” option: free to choose as their conscience dictates, free to come to some other conclusion--all the while putting your choice forward, leading them to it rather than corralling them into it.
 ___________________________________

An article by Dr. Noelle Nelson, “Don’t Blame the Jurors,” was published in the November 2013 issue of California Lawyer. Here’s the link: Don't Blame the Jurors.