Simple Words That Win With Jurors: "Thank you, Your Honor"

I was assisting with voir dire recently when opposing counsel, questioning the prospective jurors, was told by the judge to "Move along, counselor," to which the attorney replied, "But Your Honor…" I barely listened to the rest of what the attorney was saying, because I was delighted at the expression of confusion and dismay on the faces of the jurors. Opposing counsel had just lost points with the very people she would need to convince down the road, all to my side's advantage.

Perhaps the most egregious mistake a lawyer can make in voir dire is fail to fully respect the judge. Prospective jurors are not happy to be there, they do not trust the lawyers and the whole process is intimidating. Whatever else happens, prospective jurors are convinced only that the judge is neutral and therefore only the judge is trustworthy.

If the judge says "That’s enough, counselor" or "Move along, counselor" or any other such directive, the lawyer should immediately say, "Thank you, Your Honor" and do so. If the judge says, "You’re out of time, counselor," the lawyer should refrain from arguing; "But Your Honor, opposing counsel took 10 extra minutes, which ate into my time." As far as the prospective jurors are concerned, whatever the judge says, goes. If you have a legitimate grievance worth arguing with the judge, to do so out of the range of the prospective jurors.

Want Powerful Testimony? Science Proves the Power-Sit’s Impact!

I have long encouraged witnesses to adopt the “Power-Sit” position I developed after observing juror responses to witness body language.

Simply put, the witness sits with their rear planted firmly in the “L” of the chair, which assures good posture without having to think about it. They then are asked to avoid leaning to the left or right, and to keep their back in contact with the back of the chair at all times. The impression jurors receive from the “Power-Sit” is that of a confident, straightforward, credible witness – one whose testimony is far more likely to be believed than the testimony which issues from a witness who slumps, or leans to the left or right, or aggressively forward, to give but a few examples.

Now I’ve always known the impact of the “Power-Sit” on juries, but what I didn’t know, and science has recently discovered, is the impact of the “Power-Sit” on the witnesses themselves. According to Harvard Social psychologist Amy Cuddy’s recent research, “assuming a high power pose for just two minutes before the job interview, the body would generate hormonal changes that corresponded with feeling empowered, comfortable, and less reactive to stress.” In lay-person’s language, the person him/herself experienced greater confidence, ability, and comfort.

What a platform for effective testimony! The stronger your witness feels, the more likely they are to testify well, and the better their testimony will be received.

And all it takes is a little attention to your witness’s body language.

Can Visuals Interfere With Your Argument/Testimony?

Our world has become a ‘world-in-pictures’ with virtually everything translated into a visual format, or at the very least, accompanied by an icon or picture of some related sort. Given this reality, litigators have been encouraged to create visuals and graphics to support the presentation of their case, to the maximum allowed by the Court.

All this is well and good, and indeed, has been proven effective in case after case. However, which visuals, and how they are designed to be most persuasive, can be elusive.

Lawyers are often tempted to load up visuals with as much information as possible, understanding that the visual is more compelling than the spoken word. In theory, this is accurate. However, you and your witnesses still need to be heard as well as visually represented. Too much information on any given graphic can lead to “inattentional deafness” (Macdonald and Lavie, UK, 2011). Simply stated, the more complicated and comprehensive the visual material, the less subjects were able to respond to what they heard.

This is true for jurors as well. Over-complicate your visuals, and jurors will not be able to absorb what you’re saying. If your case is such that you must present an information-loaded visual, be that in still or video form, be quiet while that information is imparted visually, at least for a few moments, and then speak, preferably with the information-loaded visual out of view.

Create a Trustworthy First Impression

Personal experience tells us how powerful first impressions are. However, new research from the University of California, Berkeley (Nov, 2011) reinforces our innate understanding of first impressions. The study suggests it can take just 20 seconds to detect whether a stranger is genetically inclined to being trustworthy, kind or compassionate. That’s less than a minute for you, or your witnesses, to establish a credible first impression with the jurors, one which, once established, will be very difficult to change or alter in any way.

What was it about the strangers that led the study subjects to figure out whether or not the stranger was trustworthy? Very simply, the “trusted” strangers displayed more trustworthy behaviors – more head nods, more eye contact, more smiling, more open body posture.

All of these behaviors are easily accessible to any of us. For that matter, when you’re in a relaxed, comfortable situation with friends or family, you’re likely to display these very behaviors without thinking about it.

Allow yourself to present yourself to the jurors more as who you are with friends – trusting and therefore trustworthy, and encourage your witnesses to do the same. The only caveat is that smiles must be appropriate to the situation, and when in trial, the moments where it is appropriate to smile are limited.