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.

Harness Jurors’ Wandering Minds: New Science

New research from Harvard University psychologists (Matthew A. Killingsworth & Daniel T. Gilbert) shows that people spend 46.9% of their waking hours “wandering”--thinking about what isn’t going on around them, what happened in the past, what might happen in the future or never at all. Which wouldn’t be such a big deal, except that, as the scientists put it: “A wandering mind is an unhappy mind.” People aren’t happy about what they’re thinking about during their “wandering” times.

How is this relevant to your trial practice? Well, if you aren’t keeping your jurors’ minds engaged, those minds are wandering. The likelihood of their attributing the unhappiness their wandering conjures up to your less-than-compelling presentation rather than their own meanderings, is high. Unhappy people don’t tend to favor those who make them unhappy! There goes your successful case...

All the more reason to do your level best to make your courtroom time count. Get to the point, be succinct, develop hard-hitting bullets and emotional catch-phrases. Use visuals of all kinds – models, boards, animations, power-point (the complex type, not just words on a slide) – and anything else your graphics support staff can dream up. Use focus groups to help you nail what matters to jurors and hone in on that.

The more you keep the jurors’ minds on your track, the less they are inclined to wander, the greater your chances of success.