Jurist — continued from Page 24
clients, while at the same time are the first to acknowledge their clients’ human failings. • The best trial lawyers never stop
paying attention to their jurors. • The best trial lawyers are the best
storytellers. • The best trial lawyers own the
courtroom with their voice and presence. • The best trial lawyers have mas-
tered the Evidence Code. • The best trial lawyers get their
hardcore fighting done in advance of trial, through in limine rulings, stipula- tions or other strategies that resolve the sticky problem areas in advance. Jurors see nothing but courtesy and calm. • The best trial lawyers know that every item of evidence presents both an
opportunity as well as a problem. There is virtually nothing that, in skilled hands, cannot be turned into either a weapon or a shield.
What don’t jurors like? • The worst trial lawyers pay no
attention to them. • The worst trial lawyers give away
their credibility with unreasonable posi- tions and stretches of common sense. Jurors are cynical and suspicious. It
is clear from dealing with thousands of jurors that they do not believe that the attorneys will give them the whole story. As a result, they constantly search for cues and clues between the lines to find the “truth.” If anything confirms that a witness is lying, or an attorney is trying
to sell something that is false, the fight is virtually over. Unfortunately, jurors tend to assume the worst and act accordingly.
Traits that cross gender lines Genuineness and feeling comfort-
able in one’s own skin comes more with maturity than with any gender. It is not as common to see younger trial lawyers able to project the kind of sincerity that compels jurors. This generally applies to both men and women. Courteousness and politeness appear
to be more common with women trial lawyers. It is rare to see the kind of dis- courteous behavior that flares up between counsel initiated by a woman, but though
See Jurist, Page 28
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