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Working with various attorneys over the last several months I've heard myself repeat something over and over again: "Your case is not about your client." This, understandably, catches some people off guard. What? How is my case -not- about my client? Well, obviously it's about your client as far as that's why you're bringing the case to trial. Someone harmed, maimed or killed your client (or your client's family member) necessitating this need for trial. But when we get down to communicating to jurors what the case is about, it's not about the client. It's about a violated principle. Your client is just a representation of the result of the violated principle. Principles are, as Stephen Covey says in Seven Habits of Highly Effective People, "...deep, fundamental truths that have universal applications." Principles act as natural laws. They are what govern human behavior. And although we all violate these principles in various ways throughout our lifetime, they serve as landmarks for how society should operate and behave. Here are some principles/violations that nearly all humans hold as sacred:
Nearly any plaintiff case can fit into a violation of one of these principles.
These are just a few examples, and many of the above examples could fit other principle violations. The point is, jurors don't find for plaintiffs, they take a stand for principles.  As much as we'd like jurors to care about our client, they don't. Tort reform has made sure of that. What you must do instead is get jurors to rally around the principle in your case.
Give this podcast episode a listen to learn more. This one's going out to the ladies. But men, there's stuff here for you too. In nearly every seminar I present, I always get a question from a female trial lawyer in the audience. It usually goes like this: "How do you suggest women use these techniques?" My answer? "The same way men use these techniques. My advice does not change depending on what's in your underwear." But here's the thing: these women aren't asking how to use the techniques, as I have just demonstrated how to use them in the seminar they just attended. What they're really asking is, "How do I use these techniques and not get corrected/penalized/judged?" And that's an entirely different question. The truth of the matter is, women are unfairly chastised when they show up in a big, bold way in the courtroom (or anywhere else for that matter.) And it's also true that women need to do it anyway. Look, I get it. There's a lot on the line and there are consequences for women who dare show up authoritatively or wear what's comfortable or any of the hundreds of things men are allowed to do without anyone batting an eye. But what I'm saying is, someone has to go first. Someone always has to go first. I firmly believe it is this generation of women that are going to change things. The women who are practicing law today are the ones who are willing to say, consequences be damned, "I'm done hiding who I am just so other people can be comfortable." And with this bold step, they will make it comfortable for women in other professions to do the same. There is no other option. You either bend yourself into a pretzel in an attempt to not piss anyone off, or you boldly go where very few women have gone before, and decide, right here and now, that you won't step back for anyone, even if it costs you a verdict.  But I don't think it will. Doing this job as long as I have has shown me one thing consistently: jurors love people, men OR women, who are comfortable in their own skin. Jurors love confidence. Jurors love lawyers who show up in a real, authentic way.
Does this mean you should make it all about you, aggressively throw your weight around or do things just to piss people off? No, and that advice stands for men as well. Great communication is all about timing. You must know what is needed when. So show up as your big bad self, but also learn how to read your audience and adapt your communication so you are serving their needs as well. Lady lawyers, I salute you and stand with you as you boldly stand up for your right to communicate, dress and lawyer any way you damn well please. Give this podcast a listen to learn more. |
AuthorSari has been dubbed the "Attorney Whisperer" because of her unique ability to help attorneys communicate their real selves. Archives
December 2019
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