Because we are fortunate enough to see many different attorneys at work in the courtroom, we are also privy to the common mistakes that undermine your credibility with the jury and that ultimately end up with your shooting yourself in the foot rather than hitting the target.

Thus, rather than just being positively focused and telling you to do this and that—we’re also going to tell you what not to do (again).

1. Don’t argue your case during voir dire.

This is perhaps the most seductive error. You are standing there in front of your pool and it is so tempting—but you must resist.  They may ask you to tell them everything.  And you urgently want to… but your goal is not to convince but rather to identify those who will mean death to your case.  Resist the temptation.

2. Don’t use a hard sell.

Don’t lecture the panel. And don’t lecture the jury. Don’t berate or belittle. Be reasonable. Be clear. Breathe. Allow the jury to come along with you on the journey of discovery that is your case facts.

3.  Don’t confuse argument with persuasion.

It really isn’t the same thing. And it doesn’t work. Argument closes the listener down because you are singing that same old song. Your goal is to communicate, to motivate, to clarify, and to inform.

4. Don’t fake emotion and, please, do not lead with emotion and tears.

You approach the jury. Your eyes twinkle with tears. Your voice is low and unsteady. You clear your throat and announce how privileged you are to represent this worthy plaintiff and you choke back a small sob. Someone on the jury giggles. They exchange glances. Uh-oh— you don’t want this. The jury doesn’t know you. You have no credibility with them. They don’t care about you or your client at this point. Allow their caring to build over time given information about a wrong that was done.

Be professional, be patient, be credible, tell your client’s story.  You have to trust your case if you expect anyone else to.  Allow it to unfold without haste or frustration.

Related posts:

1. Simple Jury Persuasion: Don’t confuse argument with persuasion
2. Simple Jury Persuasion: The more things change…
3. Simple Jury Persuasion: “How likely are you to…”
4. Simple Jury Persuasion: Be credible
5. Simple Jury Persuasion: Be a good host