Two Easy Tips For Persuasive Expert Testimony

Experts are experts in their subject matter, but not necessarily experts at testifying, as many a lawyer has found out at trial, much to his/her dismay.

One way to make sure your expert testifies in a way that will persuade the jurors, is to have your expert formulate "umbrella statements." These are statements that give an overview of what is to follow.

For example, an expert might begin with the umbrella statement "Upon examination, I found significant differences between X and Y," rather than launching immediately into a description of the features of X, not mentioning Y until 10 minutes later, and not discussing the differences between the two until another 10 minutes has elapsed. Jurors need to be guided. Without the benefit of an "umbrella statement," jurors don't know what they should be listening for. Your expert's excellent points may be lost in the clutter.

Another way is to have your experts bottom line key points as they conclude a given

segment of testimony. Phrases such as "To sum it all up," or "What this means is" are helpful in introducing a concise, condensed, easy-to-remember version of  the critical point just made.

With a jury, clarity and easy-to-grasp concepts/points make for the best testimony.

Through The Jurors' Eyes: Persuasion 101

Regardless of how many times jurors are admonished not to do their own investigating, they do it all the time. When discovered, most often the case ends up in a mistrial, lengthy appeals or retrials. But these juror actions also tell us that lawyers are not doing their job. It’s time to stop dinging the jurors for attempting to ferret out the truth on their own, complaining that jurors are too uneducated or uninterested to understand a case as presented, and instead, give jurors the clarification they seek.

It doesn’t take much, especially when you bear in mind that visuals are the most convincing, quickest way to get your point across. For example, In People vs. Victoria Samantha Cook, CA Dist. 4 Ct. App., Div. 2, (Mar. 19, 2013), a juror bought toy cars during a deliberation lunch break, which the juror then used to reenact the accident central to the case. How complicated would it have been for the lawyers to demonstrate their interpretation of the accident with the simple expedient of toy cars? Or some other equally inexpensive and yet persuasive visual.

Do your best to see the case through the jurors’ eyes, understanding that jurors want to see for themselves whatever it is you claim is your best evidence. A little effort in that direction will take you a long way toward a winning case.

Don’t Bust Your Credibility with Unconscious Mannerisms!

Every second you are in the courtroom, jurors are looking at you, judging you, spontaneously coming to conclusions about your competence and credibility based solely on their in-the-moment perceptions.

Because jurors have no way of knowing you through the usual means – conversation, time spent in a mutually pleasing activity (sitting on a jury does not qualify!) – their conclusions about you are based on stereotypical ideas.

For example, when you’re innocently jiggling change in your pocket, a common but unfortunate male habit, or fussing with your hair, a habit shared by both sexes, such mannerisms, innocuous as they are to you, may readily be interpreted as evidence of “nervousness.” Nervousness, in turn, is equated with incompetence, as are certain facial expressions, such as frowning or frequent pursing of the lips.

Arrogance is too easily read in one’s “steepling” of the hands (hands held in upright prayer position, with the finger tips touching, palms usually a few inches apart), or if your head is tilted a bit back so that your chin is slightly elevated.

Slumped shoulders, head tilted down, getting up slowly and plopping down with a thud into your chair are all read as “not-doing-so-well” which then slides into “loser” all too quickly.

Arms crossed over your chest bespeak defensiveness or hostility. Hands on your hips may appear overly aggressive and demanding.

It may seem like a lot to think of, while your primary focus must be on the case itself, yet credibility and competence can be reduced to a few simple guidelines:

            1. keep your hands off your person

            2. stand or sit up straight

            3. keep your mannerisms in check.

Easy enough! And with credibility intact, you’re much better positioned to win your case.