The Empowered Paralegal Looks and Actions: Important As Evidence Presented I


f you have been to a trial, you’ll know that jurors sometimes aren’t thinking about what you hope they’re thinking about (the trial), and they really are closely scrutinizing the lawyers and their assistants – their demeanor, their clothes, their hair, and heck, even their socks if the distance is too far between trouser hem and shoe – in and out of the courtroom.


Bottom line, paralegals assisting at trial do have to be careful not to be a distraction on many levels. It is, indeed, necessary that the trial paralegal keep it in mind for them- selves and the clients while the attorney focuses on other aspects of the trial presentation.


I focus on this in The Empowered Paralegal: Effective, Efficient, and Professional, primarily addressing the issue of dress, but as the following passage suggests it applies to all activities, which are more directly discussed with regard to paralegals in another section of the book: [D]ressing for success does not mean “look successful.” It’s my way of saying you have to be aware that the jury is not just looking at the evidence as presented; it is looking at the presenters of the evidence.


Many times the best dog and pony show wins a case (as long as the case is otherwise well prepared). Consider a real circus dog and pony show; the performer and the atmo- sphere are at least as important as the acts performed. This principle applies to almost any performance meant to leave an impression or make a point on an audience.


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Every political operative considers not just what is being said, but the backdrop for the speech. Rock stars don’t just sing – they per- form. The jury is your attorney’s audience. They are watching, and waiting for, the show.


Like most performers, your legal team is “on” every moment the jurors are in the jury box (and when they are entering or leaving the box). They are watching not just the witness on the stand and the attorney examining the witness, but also the rest of the “performance.”


In this respect it is important how the per- formers dress and appear to the jury. The per- formers include the attorney, the paralegal, the client and the witnesses. Each of you most dress appropriately for your role keeping in mind that you must dress for the jury. Even jurors who seem to be paying little attention seem to notice clothing – distracting ties, short skirts, body- piercing and tattoos.


“Consider a real circus dog and pony show: the per- former and atmosphere are as important as the act.”


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