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.

Be Courageous, Not Arrogant

While you undoubtedly assume a positive attitude going into a case (or try to!), it’s hard to remain upbeat when things go wrong. That’s when it’s good to remember that jurors identify with the Davids of the world, not the Goliaths. He or she who maintains a positive outlook and courage in the face of difficulties and long odds, wins favor with jurors. If, after all, you face the unexpected challenges and pitfalls of your case with a positive approach, you demonstrate by your refusal to be disheartened that your case is truly worthwhile. Never stop looking for a way forward, for the pluses, the upside of any situation.

That being said, do not confuse positivity with arrogance. An arrogant attorney assumes that he or she will be victorious just by virtue of being who they are. That attorney fails to support his/her conviction with reality, and neglects to marshal facts, arguments and witnesses appropriately.

Always remain humble about who you are. Courageous on behalf of your client, yes. Thinking you are better than everyone else, no. You are the presenter (and interpreter) of the facts, that’s all. The jurors are the most important people in the courtroom, always.

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.