When prospective jurors walk into the courtroom, they only
know one thing for sure: The courtroom is His/Her Honor’s private reserve, and
the Judge’s word is law. Everything about the physical layout of the courtroom
says “In this room, the Judge is Top Dog, and whatever he/she says is set in
stone.” The Judge sits higher than everyone else. All must rise upon the
Judge’s entrance, and may only be seated when told to do so. And whatever the
Judge says, however erudite or nonsensical it may seem, becomes “what is” in
that Courtroom.
So imagine my surprise, when I observe lawyers go directly
against a Judge’s “what I expect in my courtroom.” I know, from years of experience, that jurors
ding any lawyer who fails to respect a Judge’s stated orders. The most common
failure is the failure to respect time. The Judge says “Your mini-opening will
be two minutes, no longer.” The lawyer launches into their mini-opening, the
two minute mark is hit, the Judge cuts the lawyer off – sometimes, mid-word.
The lawyer, hurt and surprised, sits down. The jurors look coldly at the
lawyer. They heard the rule, why couldn’t the lawyer obey it?
You see, prospective jurors MUST appear when summoned, MUST
be on time, MUST turn off their mobile devices, MUST sit where told to sit, and
the list goes on. When the Judge tells you what you MUST do, you’re well
advised to do it. Failure to do so makes you disrespectful, in the prospective
jurors’ eyes, and less worthy of their consideration. Much harder to convince.
And since your jurors are within that pool of prospective
jurors, abiding by the Judge’s edicts right from the git-go is the easiest,
quickest way to get their approval.
Start off on the right foot with your jurors, and you’ve
much better chances of ending on the right foot.
