Litigator Courtroom Demeanor
How many times have you seen a litigator roll his/her eyes as a witness is testifying; wink at a juror; or lean back in the chair (as if it’s going to tip over) and gaze at the ceiling? Lawyers run a high risk of alienating themselves from the jury when they showboat.
I had the good fortune of beginning my career in the criminal courtrooms of Los Angeles. As a novice jury consultant, I learned the nuances of working in a courtroom within the confines of a familial environment. Because judges, prosecutors and defense attorneys interact with each other on a daily basis there is little tolerance for outrageous attorney behavior. Although, that’s not to say that it does happen from time to time.
Unfortunately, the civil courtroom isn’t so civil. It is rare for a civil litigator to get into the courtroom more than a few times a year. As such the unwritten rules of courtroom behavior don’t seem to apply to some litigators.
In our recent post-verdict interviews of a Southern District of New York and Arkansas Superior Court jury panel, the first words out of their mouths were how disgusted they were with particular lawyers that had argued the case. The jurors described the lawyers who were winking at them during witness examinations; sighing at inappropriate times; and laughing at witnesses when no one else was laughing. The respective verdicts didn’t bode well for those lawyers.
The opinions regarding lawyer demeanor aren’t unique to these geographical locations. We constantly receive feedback in this regard from jury panels across the country. So, what are those unwritten rules of courtroom behavior?
- Be cautious of rolling your eyes
- Never laugh at inappropriate times
- Consider the recipient’s reaction when you wink
- Remember that a juror’s physical space can be negatively pierced when you stare at them
- Never physically mock an opponent in front of a jury
While all of this may seem common sense even experienced litigators can forget these principles. You can be an effective advocate without displaying inappropriate and unprofessional behavior. Remember that when the jurors walk into the courtroom they view the courtroom as an alien environment in which everything and everyone is under scrutiny.
To learn more about our services, please contact us at (928) 237-9651 or email: info@dimita.com
Securing Your Next Client—Digital Footprint, Digital Dossier, Digital Tracks
The nuances of attracting and securing a new client as a lawyer haven’t received much written commentary. With the economic crisis still affecting our business interactions it is becoming much more difficult to attract and secure corporate clients. How does a lawyer deal with increasing pressure to deliver the corporate client? Here’s a thought that may not be particularly groundbreaking but certainly timely in our technological society: digital footprints.
What are digital footprints? They are the tracks, data and information left by any corporation on the internet through either their own manipulation (postings, blogs, etc.) or through the manipulation of others.
In your due diligence of a potential corporate client, how often do you “Google” the corporation and its key management? How often do you go beyond the articles written about the entity and read the actual comments posted to the particular article? Further, how often do you consider the source and readership of the article? If Huffington Post writes the article then you’re generally apt to find more liberal readers reacting to the article and can make some assumptions about potential juror bias based on that fact. If Fox News posts the article then chances are your responders will be more conservative.
It’s really shocking to know how many companies still operate in the dark ages when it comes to self-assessment of their digital footprint and the manner in which it impacts public perception. It doesn’t take a rocket scientist to hypothesize that the more you research the digital tracks of a corporation the better prepared you will be to highlight their strengths and weaknesses when you’re in that “Beauty Contest” in front of the client. This synthesized knowledge will aide in the presentation and persuasion process as it relates to potential litigation.
To learn more about our services, please contact us at (928) 237-9651 or email: info@dimita.com.
Insensitivity to Other Cultures
Well, the out of touch “reality stars” family Kardashian have once again demonstrated their inability to understand basic rules of human conduct. Over the weekend, Khloe Kardashian wore an Indian headdress to a party being held for her one-year old niece, North West. Clearly she was totally oblivious to the racial consequences of doing so.
Apparently, Khloe hasn’t heard that the Native American culture considers the headdress a sacred and spiritually powerful item that is only to be worn by chiefs or highly regarded warriors of certain tribes. It is important to note that it is considered a serious insult for a non-native to wear such an article of tribal culture. I have been told by many native-Americans that it could potentially bring negative side effects to the wearer. Hmmm—do you think she needs to bring on any more negativity during her divorce from Lamar?
Navajo healer, Gomo Martinez, from Lukachukai, Arizona, has stated to me that a “war bonnet is a highly respected article of culture for the native-American. It almost always signifies a person of extreme importance within the tribe”. Another interesting side note is that if a non-native is using real eagle feathers and they don’t have a permit for those feathers then “they are violating federal law as well.”
Lawyers should always keep in mind the possibility of public persona bias when dealing with a client or witness.
To learn more about our services, please contact us at (928) 237-9651 or email: info@dimita.com.