Anger at Trial: Three Reasons Anger Can Be Dangerous in Court

It's easy to get angry at trial.

Lying witnesses, judges who block your planned voir dire, and opposing counsel that continually object have a way of getting you hot under the collar.

But communicating anger at trial can be dangerous.

First off, anger can cloud your judgement. Allowing yourself to get angry can take you off your game and cause you to make decisions that aren't good for you or your client.

Second, communicating anger at trial sends the message to jurors: "This.Is.Personal." Which means you are now, nonverbally, at least, asking the jury to award you, the trial lawyer, a verdict, instead of your client. No jury is willing to do that.

But third, and most importantly, anger communicated at trial reduces the amount of "space" allowed for anger. When you get angry at trial, you force jurors to "balance out" the emotional energy. If you're angry, they must remain calm, or the atmosphere gets too tense. 

There are three things you can do when you feel angry at trial:

1. Express it. As mentioned, this is rarely the right choice. Are there times to express anger at trial? Sure. But only when the jury is already angry and you're merely reflecting their emotional state. (And even then, you should never match or exceed their level of anger.)

 

1. Drop it. You can also drop the anger. To help you do this you can understand whatever the witness/judge/opposing counsel is doing most likely isn't personal, and even if it is, it's designed to get a rise out of you. Don't fall for that trap.

 

1. Let it be. You can feel anger without expressing it. This is different than trying to shove it down or act as though it isn't there. Just feel it. Breathing will help.

Don't let anger take you off course. When you feel angry, breathe and try and drop it. If you can't, let it be. And if appropriate, express it. 

Remember: the truth needs no defense; it needs a voice. Your job is to be that voice so truth can prevail at trial.

Give this podcast a listen to learn more.