If a client is pleading poverty, she cannot show up day after day in $300 dollar outfits, dazzling jewelry, $30 nails and $50 hair. (In my early days of practice a client met me at the courthouse for a hearing to deter- mine whether she was in contempt of court for failure to pay a $100 fine in exactly that fashion.) An expert wit- ness will not impress a jury if he dresses unprofession- ally. In fact, he should dress for the jury’s conception of his profession – a doctor as a doctor, a contractor as a contractor and a professor as a professor.
Remind clients and witnesses that they are subject to observation by the jury anytime jurors are present. A jury will assume that a client who is rude to, or snarls at the other party, was equally rude and disagreeable during the event or events that led the parties to court, regardless of how that client or witness presents on the stand. In fact, a client or witness who acts differently on the stand than when he thinks the jury isn’t watching is telling the jury not to believe him as his presentation on the stand is not the “true” him.
Jurors generally do not react favorably to clients who mumble “that’s a lie” under their breath, gasp and shake their heads in reaction to a witness’ testimony. Clients who squirm, constantly adjust their clothes (this hap- pens a lot with clients not used to wearing a tie who “dress up” just for the trial), or fidget nervously may look as though they have something to hide.
Clients and witnesses seldom of much aware- ness of these factors. The poverty pleading client who dressed so fashionably in the example above simply had no conception of how her appearance clashed with the purpose of the hearing. They need to be informed by the paralegal. Preparing the cli- ents and witnesses in this way is an important part of overall part of preparing and managing litiga- tion.
Legal professionals represent the clients. From
the juror’s perspective this means what we do says something about our clients. It is our job to make sure the jurors like what our actions say about our client.
Robert E. Mongue is an Assistant Professor of Legal Studies at the University of Mississippi. A graduate of the University of Maine School of Law, he has over thirty years of experience as a trial and appellate attorney in state and federal courts. Mr. Mongue is the author of several books including The Empowered Paralegal and is developer of The Empowered Paralegal (TM) Workshops, Seminars and Custom In-House Train- ing.
Contact Professor Mongue at TheEmpowered-
Paralegal@live.com.
“A jury assumes that a
client who is rude to, or snarls at the other
party, was equally rude
and disagreeable during the event that led the parties to court.”
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