Articles Hold on to Your Agenda! Make It Your Courtroom! You Don’t Say! Right to Your Audience Communications - The Business of Medicine Speaking of Success Public Speaking 101		Make It Your  Courtroom! Steve Clements & Claudia Coplon Continued from Page 1 Staging Download a PDF version of this article. Just as an actor turns in a specific way on just the right line, the same must be true for the trial lawyer especially in what can be static court proceedings. Use space with strong, positive movement in order to introduce dramatic action into the situation. This goes beyond the perfect and absolutely incorrect time to turn towards or away from the jury, or judge, or defendant, or prosecuting attorney, or court witnesses. The right move can solidify a judgment, while the wrong move can destroy the intent. Check your volume level by studying the facial reactions of the receivers of your oral arguments and speak loudly enough so that your presence fills the room and is heard by all. Make sure your hand gestures, walk, attitude towards the witness, etc. demonstrate your total control of the situation. Keep in mind, control and arrogance can be easily confused. People like those who take charge, but resent and are prejudiced against anyone who has assumed the role of “bully.” If you have a hostile witness and have won a point, don’t gloat or become self-satisfied. It could cause the opposite reaction than you expected. Instead, show compassion, which creates positive feelings. Expert Witnesses Speaking of witnesses, while it may seem that this performance awakening challenge is directed solely to the trial attorney, it is equally important for expert witnesses. Even if your witness is highly accredited in his field, but speaks in terminology that is foreign to nearly everyone in the court, especially in a field that can easily intimidate, frustration can turn support to the other side. As trial attorney, you must work with these expert witnesses to guarantee terminology expressed will be understood and appreciated by all. Then take that training another step. Every sport has its hand signals that are crucial to the communication on the field. Similarly, attorneys should use verbal and physical cues with their witnesses. One physical gesture from the attorney can alert a witness that the answer is taking too long; another can cue the key point that will guarantee victory. To maximize the impact of an expert witness, the communication between that witness and the attorney should be “choreographed” (yes, court as theatre), so that nearly every eventuality, including an unrelenting judge, is handled without flustering the witness. Clients The same attention should be given to training a client. Typically, trial lawyers prepare a client for testimony, placing proper emphasis on eliciting expected answers to particular questions. But the answer alone will not convince judge and jury. It is the client’s body language, the eye contact, the confidence of the voice, and the seeming desire to state the truth that increases credibility, and thereby influences opinions. Train your clients on how to finesse the delivery of the message as well as its content. If you don’t have the time, utilize someone from your marketing department or a communications expert to polish that client’s performance. This extra step, particularly for high profile clients, could be the very edge that guarantees success. After all, why leave any possible advantage to luck and chance? Your client deserves your commitment to take control of every variable, thereby reducing risk and improving odds. Media High profile cases – and media savvy attorneys – attract media attention. Are you ready for dozens of television and/or radio microphones to be pushed in front of your face as you proceed down the steps? Can you easily respond to the barrage of often inane questions from throngs of reporters? Are there any right answers to these questions? Not really, except the least information possible is always preferable. However, there are many wrong answers—answers that reveal more than is necessary, as well as attitudes that are dismissive or condescending. Rest assured, viewers and media will form opinions based upon the trial attorney’s impromptu interview skills. Therefore, the trial attorney must handle these assaults with the aplomb formerly reserved for the courtroom. In a world where courtroom proceedings have become an essential ingredient of the news, trial attorneys must also be trained to give an effective studio interview. From wearing the right tie that does not “burn” the lens to appearing confident and yet likable, attorneys must now perfect skills never taught in law school. No one can refute that those five-minute interviews on news and interview channels can make or break your case – or your practice. Spend time perfecting your media skills. Find a trainer who can help you to excel in this arena. Then work with your marketing department to expand your visibility. A trial attorney who is a desirable news/talk show guest not only becomes invaluable to his/her clients, but also gains viability, respect, and, thereby fees, due to recognition. Summary It takes a courage, self-motivation, and dedication to challenge the techniques that have fit like a glove for years. However, self-evaluation, determination, training, and the willingness to detect and admit even subtle changes could propel you to a higher level of performance. Focus on yourself as though you were critically evaluating a competitor, create approaches that breathe new life into your performances, and constantly re-evaluate and strengthen. Remember, there is not just one peak in a career, but many, based upon changes in courtroom style, and changes in you as the person delivering the arguments. As appeared in Calendar Call, Winter 2003, the quarterly publication of the General Practice and Trial Section, State Bar of Georgia.