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.

Arrogance 101: Dump It!

Recently,  R. Allen Stanford, the onetime Caribbean banking tycoon, was found guilty of investment fraud by a jury on 13 of 14 criminal counts, and required to forfeit $330 million in assets.

What brought him down? Stanford’s fraud and greed, of course, but according to the jurors, more than anything, it was Stanford’s demeanor that convicted him, his arrogant attitude in the courtroom day after day.

Many of you are saddled with arrogant clients or witnesses, and many a time I’ve been called in to help prepare the witness for trial, because this type of witness always rubs jurors the wrong way. Yet the “fix” is remarkably simple.

Arrogance is expressed through body language, vocal tone, and patterns of response. An arrogant person’s body is often canted back, their chin tilted slightly up as if looking down their nose at others. Their tone is condescending, full of dismissive utterances and/or sarcasm. Their responses fail to take into account jurors’ different levels of education or sophistication.

All of these are easily corrected by an appeal to the arrogant individual’s desire to do well, even brilliantly (a consequence of their narcissism), along with a hefty dose of video-taped role play, none of which alter the truth or substance of their testimony one iota. It does, however, alter your witness’s presentation of said truth on the stand, such that jurors can perceive beyond your witness’s arrogance to what’s important: the substance of their testimony.