“What you see is what you believe” – is true not just of how
jurors gauge the veracity of your witness’s testimony, but also of how jurors
assess you when you sit at counsel table.
Jurors assess your demeanor according to stereotypical
interpretations; they have no personal knowledge of you that would allow them
to determine otherwise.
For example: are you sitting hunched forward, leaning
heavily on your forearms or elbows? Jurors may conclude that you are worried,
defeated by that last response your witness made. Are you sitting straight, but
with your arms crossed in front of your body? Jurors may take that as meaning
you are angry with your witness, or upset by whatever just transpired. Are you
fidgeting with your pen? Your glasses? Jurors can readily interpret such
mannerisms as indications of your anxiety.
The nonverbal messages you express – consciously or
otherwise – are as important to juror impression as are the words you speak.
You must exude self-confidence (not arrogance!) in body as
well as voice, for the jurors to be willing to be led to the conclusions you
want them to make. They will be reluctant to be led by an attorney who appears
anxious, worried, or defeated.
“Grace under pressure” is not a cute aphorism. It is a truth
that successful attorneys embody in every aspect of their demeanor.