The
entire time you’re in Court, the jurors are watching you, trying to figure out
from your expressions and body language what you think of what’s going on at
any given moment, and how you are doing.
Use
this unrelenting scrutiny to your advantage.
For
example, if you want to let the jurors know you think a witness is being less
than candid, raise an eyebrow and look quizzically at the witness, as in “Oh,
really?!” Hold that expression for a moment or two while the witness is
responding, and then look down briefly, frowning, as in “I don’t believe what
I’m hearing.” Which is precisely the conclusion you want the jurors to draw.
To
dismiss a witness’s testimony as less than credible, walk a few steps away from
the witness during his or her testimony, thereby removing your eye focus from
the witness. It’s as if you were saying, “I can’t stand here and listen to this
nonsense.”
To
put a witness on the spot, stand totally still in front of the witness, resist
the urge to make any acknowledging head nods, and maintain steady, almost rigid
eye contact, thus effectively pinning the witness down with your look.
To
give value to a witness, be that their person and/or their testimony, stand
fairly close to the witness in a natural, somewhat relaxed posture, maintain
good eye contact, and nod approvingly.
Be
conscious of your body language and expressions. They are yet another valuable
tool in your litigation tool-kit.
