Be a Great Communicator in Trial: The Godfather

 

What makes for a great communicator in trial (or elsewhere when the person is trying to convince an audience)? To be a great communicator as a trial lawyer you should concentrate on three things:

1. Your WORDS

2. Your VISUALS – MEDIA

3. Your DELIVERY

The prior posts focused on the words and the visuals that a persuasive trial lawyer uses in trial. This post explores how to deliver the words and visuals.

What makes for great communicator when it comes to delivering the message to a jury. Is it logic?  Every trial lawyer has had the experience of thinking that they had a perfectly logical argument only to find that the receiver of the message was not convinced by the logic. Is it a good appearance that makes for a great communicator? It helps but there are some unattractive trial lawyers out there who are quite successful. 

The number one quality that will make you a great communicator is SINCERITY and the ability to PROJECT THAT SINCERITY. An article entitled Body Language and Persuasion:

“If on the other hand, you do not know what you are doing, or you do not believe in it, or you are afraid of revealing what you feel, your body and voice will betray you, no matter how you attempt to manipulate them.”

When you project sincerity, you show the jury that you have examined your case from all angles and believe it to be true. While you cannot ethically express an opinion about the justness of your cause or the credibility of a witness, there is no prohibition against being sincere and projecting it.

This post offers eight techniques for a winning delivery in trial, and being sincere and projecting that sincerity is the most important technique—it’s NUMBER 1.

NUMBER 2. BE YOURSELF. Jurors can detect a phony. It is fine and good to go to court and watch other talented trial lawyers and if what they do fits you, adopt the practice and if not, discard it as unsuitable to you. So, be yourself. Unless you are a jerk.

NUMBER 3. PROJECT EMOTION. Show your commitment and your sincerity. Let your voice and body language emote with the story—with the case.

NUMBER 4. GOLDEN SILENCE. Use silence to let an idea sink in. Use silence for highlighting and for emotion. If you have ever been told that you speak too fast, don’t worry because it is alright to speak fast. Speaking fast can be powerful. Speak fast then pause after you make a point. Let the point sink in. Also, a pregnant pause creates suspense.

NUMBER 5.  WHISPER. Want to get jurors to really listen to you?  Don’t yell at them. Whisper. Not a weak whisper. Rather WATCH THE GODFATHER DO IT. And lean in when you whisper.

NUMBER 6.  PACING. Slow it down when you hit the dramatic or emotional part of your story. The slower and quieter, the better. Slow down and whisper

NUMBER 7. NONVERBAL COMMUNICATION. Your courtroom attire and accessories are important. Dress appropriately for the courtroom. Do not wear anything distracting, such as gaudy jewelry. Make eye contact with each juror. People do believe in the proposition that there is something wrong with a person who does not look you in the eyes. If you can and the courtroom setting allows it, sit at counsel table facing the jurors so you can look right at them. If you feel uncomfortable looking a juror in the eyes, look at the juror’s eyebrows. With regards to hand gestures, they should tell the same story as your words. Gesture with open hands. Avoid pointing a finger at the jurors. Steeple with your fingers because it makes it look like you are thinking (although you may only be thinking about steepling).

NUMBER 8. PRACTICE. How do you get to Carnegie Hall? Practice—practice—practice. 

If you want to communicate with the jurors, don’t read. If you read, you lose eye contact. If you read, you lose emotion. If you read, you will not connect with the jurors. Don’t use notes. Yes, memorize and practice until you can deliver the message naturally without notes. But you may be thinking that you need your notes. You don’t. Write out your opening and closing. Then reduce them to idea notes in big print. Then, practice—practice—practice. 

How do you practice? In the old days, a trial lawyer would practice in front of a mirror.  You have a tablet or your phone and you can video yourself. Yes, it can be painful to watch yourself at first. But,  video is a great coach. Video doesn’t lie. What are you looking for? Voice modulation, hand gestures, everything.