Only seven, you ask?
I know you aren't trying to annoy jurors, (at least I hope not) but there are certain things that you may be doing that are out of your awareness. Let's look at what they are.
#1: Using the hobby question. You want to "warm jurors up." I get it. But asking about hobbies makes light of the situation. No juror wakes up to a jury summons in the mail and thinks, "Ooh goodie! I can't wait to go have a relationship with Mr. or Ms. Attorney!" Avoid this question, at least at the beginning. Jurors are hungry for information, so give it to them.
#2: Telling jurors how important they are. Look, jurors are important, but they sure don't feel important. They've been forced to come to court, shoved in a room and told to wait, corralled into the courtroom and told where to sit, and branded with a plastic sticker that reads: JUROR, telling other people to avoid them! Is it any wonder they roll their eyes when you stand up in front of them and tell them how important they are? Instead, show them. Listen to them. Which brings us to #3...
#3: Not listening. You tell jurors how important they are and that you want to hear from them, then as they speak you dart your eyes around the box, look at your watch or cut them off. Huh? Stop it. Listen to jurors. Intently and with focus. This is what shows them how important they are.
#4: Gimmicks. It's so tempting to try a gimmick you picked up at a seminar, but I implore you to reconsider. Jurors are on high alert for manipulation of any kind. Drop the gimmicks and back away slowly. You don't need them! You just need to show up authentically and let the jury see who you really are. That's it.
#5: Rewording what jurors say. In an attempt to practice "reflective listening" many of you, instead of repeating back what jurors say, reword what they said. This feels manipulative to jurors. If you want to clarify an answer, ask questions instead of rewording.
#6: Making jurors feel stupid. You inadvertently make jurors feel stupid in two ways: 1) you use terms the juror doesn't understand and 2) you ask "should" questions. Should questions are questions like, "What should the doctor have done?" If a juror doesn't know, uh oh. Instead use, "What were your expectations of the doctor?" And of course, always clarify terms before throwing them around so jurors can easily follow the discussion.
#7: Dumb explanations of bias or the jury selection process. Please avoid talking to jurors like they're in 3rd grade and don't understand bias. Instead, tell them about the principles in the case and discuss those principles. That's where you'll find bias, not by lecturing about it ahead of time.
You don't need to do any of the things above to win the hearts and minds of jurors. You just need you. Really.
Give this podcast a listen to learn more.
Last week we discussed the first thing you can read: permission.
Today let's look at the second thing you can read: what mode jurors are in.
Every single communication situation tends to fall into one of two buckets: Issue & Relationship.
You're either tending to the relationship or dealing with an issue when conversing with someone.
Likewise, people tend to be in issue or relationship mode, depending on the circumstance. You can read this nonverbally.
Issue-oriented communication looks like this:
Relationship-oriented communication looks like this:
We like the relationship-oriented jurors, don't we? They smile and nod and make us feel good. But the issue-oriented jurors are scary, aren't they? They stare and cross their arms and make us feel bad.
Stop making up stories.
Issue-oriented jurors are interested in logistics. "What's this about? Is it worth my time?" It doesn't mean they disagree with you.
Relationship-oriented jurors are simply being polite by nodding and smiling. It doesn't mean they agree with you.
Here is what this body language actually means:
Issue-oriented jurors are motivated by facts, evidence and logic.
Relationship oriented jurors are motivated by emotion, stories and the human element.
This means that if you have a primarily relationship-oriented jury, you need to use more relationship-oriented body language and tell more stories and use more emotion.
Conversely, if you have a primarily issue-oriented jury, use more issue-oriented body language and focus on facts and logic.
Stop trying to memorize hundreds of nonverbal cues and just focus on reading permission and what mode your jurors are in. This will allow you to focus on the job at hand instead of being distracted by irrelevant details.
As an expert in nonverbal intelligence, I am often asked how to accurately read a juror's body language.
Here's the short of it: you can't accurately read a juror's body language if what you're looking for is whether or not they'll vote your way.
But there are things you can read: permission and what mode jurors are in.
Let's discuss permission first.
Permission is how receptive someone is to you or your message. It's conveyed nonverbally. Meaning, even if someone says, "Yes, you may do that," you may not have their real permission.
For example, have you ever been in voir dire and asked a juror if you could ask them a question, and they say yes, but then you still have a hard time getting them to answer? They gave you verbal permission, but not real permission.
You can read permission by watching a juror's breathing. Is the juror sitting still, head resting on top of his shoulders, conversing easily? He's most likely breathing well. Conversely, is the juror sitting stiffly, shoulders up, having trouble finding words? She's most likely holding her breath or breathing shallowly.
When a juror holds his or her breath, they go into fight or flight mode. This means they're in survival mode and cannot be receptive to you or anyone else. This is why breathing is an indicator of permission.
Carefully watch a juror's breathing to gauge whether you have permission or not. You can also just tune into how the interaction feels: cold and stunted? You don't have permission. Warm and inviting? You most likely have permission.
Next week we'll discuss the second thing you can read: what mode jurors are in.
Until then, check out this podcast: How to Read Body Language.
In order to be truly great, you have to be willing to fail.
But failure doesn't help you learn if all you do is beat yourself up when you make a mistake.
If you want to take your communication to the next level, you have to stop wasting your mistakes.
What does wasting your mistakes mean?
You're going to make mistakes, so why not use them to your advantage?
Here are some steps you can take to help you learn from your mistakes instead of throwing away the opportunity you have to learn:
Use your mistakes to your advantage. Start really digging in when you make a mistake and use it as an opportunity to learn. Failing for failure's sake is a waste of time. Failing your way to greatness is possible when you learn from your mistakes.
Give this podcast a listen to learn more.
Sari has been dubbed the "Attorney Whisperer" because of her unique ability to help attorneys communicate their real selves.