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.

Take A Page From Oscar Winning Actors: Read Your Openings/Closings Out Loud Before The Trial!

Your opening may read brilliantly on paper, but here’s the thing: the jurors won’t be reading your opening, they’ll be listening to it. Listening involves different pathways in our brains. What may make a great deal of sense when read, can come across as just so much nonsense when heard.

The best example I know of is the classic “Eats, shoots and leaves.” A comma is all that distinguishes a murderer from a friendly Koala bear (“Eats shoots and leaves”)! Yet when spoken, the listener has little way of knowing which is which, unless of course, they are attending to the context.

If you want to make sure your opening will be heard as you want to be, read it out loud.

Step one is to read your opening out loud to yourself, because I guarantee you will pick up all sorts of issues with your written version that need to be addressed. You may even wish to record yourself speaking your opening, since it can be difficult to spot problems at the same time as you are speaking. Things to watch out for, for example; run-on sentences. Or the use of “they” “he” “she” or “it” without a referencing noun close enough to the pronoun. Or sentences that have so many conditional clauses, the meaning is lost long before the end of the sentence.

Step two is to read it out loud to a friend or family member who is NOT intimately acquainted with the material, and from whom you are willing to hear constructive criticism. In addition to whatever comments your friend makes, ask: “Is there enough emotion in this to grab your attention? Is my language clear enough so you never went “huh?” as you listened? Are my sentences short enough? Am I using repetition in a way that helps or hurts? Does the way my opening unfolded appeal to your common sense, or is it too complex?” and so on.

Do the same with your closing argument. Any actor worth his/her salt always rehearses out loud. A courtroom is, in many ways, a theatre.

The small amount of extra effort required to speak your words out loud may make all the difference between convincing the jurors of your case, or watching their eyes glaze over as your case peters out.

Jurors Live By “What You See Is What You Believe:” Ignore It At Your Peril

“What you see is what you believe” – is true not just of how jurors gauge the veracity of your witness’s testimony, but also of how jurors assess you when you sit at counsel table.

Jurors assess your demeanor according to stereotypical interpretations; they have no personal knowledge of you that would allow them to determine otherwise.

For example: are you sitting hunched forward, leaning heavily on your forearms or elbows? Jurors may conclude that you are worried, defeated by that last response your witness made. Are you sitting straight, but with your arms crossed in front of your body? Jurors may take that as meaning you are angry with your witness, or upset by whatever just transpired. Are you fidgeting with your pen? Your glasses? Jurors can readily interpret such mannerisms as indications of your anxiety.

The nonverbal messages you express – consciously or otherwise – are as important to juror impression as are the words you speak.

You must exude self-confidence (not arrogance!) in body as well as voice, for the jurors to be willing to be led to the conclusions you want them to make. They will be reluctant to be led by an attorney who appears anxious, worried, or defeated.

“Grace under pressure” is not a cute aphorism. It is a truth that successful attorneys embody in every aspect of their demeanor.