Character Matters In Court

In the political world, character has been a subject of considerable interest over the past year. In the trial world, this is nothing new. An attorney’s character is always a subject of interest to jurors. The more you exhibit sound moral character, the more favor you are likely to find with the jurors.

Behaviors that are characteristically interpreted as evidence of sound moral character include the following:       

1. Be professional toward opposing counsel. Don't stoop to snide references about the way the opposing side is presenting its case or avoid making other editorial comments. Treat opposing counsel the way you would want to be treated, with good gamesmanship and fairness. You can demolish opposing counsel's points and maintain a moral stance; just don't demolish opposing counsel.

2. Be respectful of the judge at all times, whether you agree or disagree with the judge's rulings and decisions. Keep in mind that jurors consider the judge as the final arbiter of what is moral and just in the courtroom. Don't whine or indulge in petty behavior; arguing for the sake of arguing, for example. Even when you are engaged in a sidebar, the jurors are watching. Keep your tone and body language toward the judge respectful throughout the proceedings.

3. Be courteous to the bailiff, court reporter and other courtroom personnel. No matter how tired, annoyed or frustrated you become during trial, be polite to those around you. Moral and upstanding individuals are expected to behave "better" than the rest of us in trying situations.

Character matters. When you display sound moral character, jurors are more likely to agree with your interpretation of the facts.

Reaching Jurors on Different Levels

A successful lawyer is one who knows how to persuade jurors, that much is obvious. What is less obvious is that jurors are persuaded on several different levels. One level that is often ignored is the difference levels in how we each perceive information, our unique perceptual modes.

An individual’s perceptual mode determines the primary way that individual perceives events and situations: we see it, hear it or feel it. That is not to say that people who favor a visual mode, for example, only experience the world through their eyes. Rather, they first and predominantly experience the world in visual terms. Visually oriented people make use of the auditory and feeling modes, but only secondarily.

How does this apply to the courtroom?

Each of us tend to express and receive information in our preferred perceptual mode, to the relative exclusion of the other modes. Many men, for example, are visually oriented, and thus are focused on the visual. Women are frequently more kinesthetically (feeling) oriented, and relate to kinesthetic expression.

Figure out how you see the world: are you more likely to say “I see what you mean” “I can’t picture it” (visual), or “that sounds good to me” “Doesn’t ring a bell for me” (auditory), or “I understand how you feel” “I want to get a handle on this” (kinesthetic)?

Deliberately express yourself in all three modes during trial; make a conscious effort to communicate in those modes that are not your predominant one. In so doing, you will more effectively reach and therefore persuade all the jurors, not just those who resonate to your native mode.

Communicate Billing Procedure to Assure Client Cooperation

Some of your clients will have considerable experience with attorneys, for others, you may be the first attorney they’ve ever contacted. Your corporate clients probably have a good idea of how and for what you charge, your first-timers and private individuals won’t. Since one of the most common client complaints is what the client considers un-necessary or excessive charges, it’s best to have an explanation of your fees and various expenses early on, otherwise you will have a very unhappy client in the near future. And an unhappy client is an uncooperative client – the bane of most attorneys’ existence.

In particular, inform clients as to both the what and the why of your charges. For example, filing fees, fees to outside consultants, fees for contract research, paralegal fees, and whatever else you charge for along with why these fees are essential to the successful handing of the client’s case – all of these should be communicated to the client, preferably in writing as well as verbally, so that at the time of billing you don’t get a shocked, outraged phone call, text or email.

Again, an unhappy client is an uncooperative client. Clearly communicating your billing procedure is one of the quickest, easiest ways to facilitate client cooperation.