Jurist — continued from Page 26
rare, it does happen. This may well be part of women’s roles as traditional care- givers and nurturers and of good listen- ers tuned into the emotional dynamics of relationships. Women’s traditional aver- sion to conflict may also account for the greater appearance of courtesy and attention to smoothing interactions between themselves and their opponents as well as with jurors, witnesses and the judge. Women also tend to pay a little more attention to court staff than male attorneys, which is always a plus that reaps benefits. Being well prepared is even across
the lines. There is nothing more painful than to watch an unprepared attorney flounder with missing exhibits, lost depo- sition transcripts or last minute objec- tions to devastating opposition evidence.
Jurors forgive such lapses once, but rarely thereafter.
Conveying belief in the client’s cause
is also even across the gender lines. This is reflected more as an attitude than a strategy, but you know it when you see it. When it is not there, it shows up as well. I have seen more men caught up in the operations of the trial than women, as in situations where they are seen being somewhat rude to their own clients who might be inadvertently interrupting them to ask a question or offer a suggestion at counsel table. Jurors notice. Paying attention to the jurors is a
common failing of both sides. In my experience, trial lawyers who are best at this invariably tend to have been trained in the criminal sector. While paying attention during voir dire is obvious, too
many trial lawyers forget all about their finders of fact until they present their arguments. This is often fatal, as jurors provide information throughout the trial. It does not take great sophistication to discern whether jurors are tired of the repetition, caught up at the edge of their seats, taking notes (or abandoning all note taking), taking leadership roles or tuning out. If a lawyer has lost his audi- ence, it matters not how brilliant s/he thinks s/he is.
Storytelling: presence and voice The best storytellers seem to be the
most prepared. They have their client’s case pared down to a theme, a story. Owning the courtroom with voice and presence tends to be a weakness of
See Jurist, Page 30
28 — The Advocate Magazine FEBRUARY 2012
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