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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. How much thought have you given to body language? If you're like most people, not much. And yet how you nonverbally communicate has the power to change everything. If you want to change your results, you must change your body language. Body language includes many things: what you do with your face, how you stand, how you gesture, what your voice sounds like, etc., but the easiest way to think about it is to separate the various nonverbal communication skills into four areas:
Today let's discuss body and voice. Great communicators are highly skilled, but it's not just skill that makes them great. It's timing. Great communicators know what skill to use when.  For example, there are two basic nonverbal types I teach: authoritative communication and approachable communication.
In nearly every communication situation you are either sending information or seeking it. For example, if you get a Starbuck's coffee every day, you most likely say, "Tall, soy, light-foam latte," when you get to the cashier. (At least that's what I say.) But if you miss your turn and end up in a Dutch Brother's parking lot, you might ask, "Do you guys serve soy lattes here?" To be purposeful, use authoritative communication when sending information:
Additionally, use approachable communication when seeking information:
Want jurors to talk to you? BE APPROACHABLE. Want to communicate you're the leader? BE AUTHORITATIVE. Using the right nonverbal communication at the right time has the power to change your results. Give this podcast a listen to learn more. If you've never said to your kid, "You LOOK at me when I'm talking to you!" are you even a parent? Most parents have, at one time or another, said this to their kid. (Especially if said kid is/was a teenager.) And that's because we think it's disrespectful to not make eye contact. When parenting, this is often true. The problem is, it's not true across the board. Eye contact does not equal respect. But thinking it does causes all sorts of problems. For example, if you believe that you should always make eye contact, this will cause you to:
Here's the deal: eye contact does not equal respect, it equals engagement. Which means you need to look at whatever you want (or want jurors) to engage with.  For example, if you are using visuals during your opening statement, I assume you want jurors to look at them. If so, you need to look at them too. Telling jurors to look at your visual while you maintain eye contact confuses them. You say "look up here" but if you maintain eye contact you nonverbally communicate, "keep looking at me." If you want jurors to engage with the visual, you have to engage with it too.
When you're objected to, look at opposing counsel. This will force the jurors to look there too because people follow our eyes. (Don't believe me? Go to coffee with someone and look over their shoulder as you sit across from each other. It will be near impossible for them not to turn around to see what you're looking at.) When you look at opposing counsel, jurors will associate the objection with them ("why are you interrupting?") versus you ("did you say something wrong?") When you need to move in the courtroom, break eye contact. It's ok, I promise! It's much weirder to sashay to where you're going than to merely break eye contact and walk normally. You've been told that eye contact is the holy grail of connection. It isn't. It's merely one way to connect with jurors. But if you insist on making eye contact at every possible moment you not only risk totally weirding the jurors out, you miss out on opportunities to systematically use eye contact to your advantage. Click here to listen to my podcast on eye contact. When I first started working with lawyers, I was surprised to find that voir dire was the part of trial most lawyers dreaded. This made no sense to me: voir dire was the one part of trial that was unscripted. It was a conversation, a "get to know you" type of deal. But I soon realized that the "unscripted" part of voir dire was the very thing that made it difficult. So I set out to fix this problem. I developed a method to help attorneys craft a voir dire that would get jurors talking. And it helped. But there was still a problem. You can prepare your side of the conversation, but you still have no idea how the jurors will respond. And that's when I realized that good questions are important, yes, but they're just the start. What you really need to get good at is listening. When you think of listening you probably think of focusing intensely on someone else (in this case, the juror) and giving them your full attention. You might be surprised to learn that there are three types of listening. The first type of listening is the listening I see all the time in voir dire: listening to yourself. This is where you act as though you're listening to the juror but what you're really doing is listening to your own inner chatter. "Is this a good juror for me?" "How do I follow up on this?" Etc. I hardly need to point out that this is -not- the type of listening you want to be doing in voir dire. The second type of listening is where you listen to someone else. This is what most of you have been taught to do in voir dire, but to stop here is a mistake. There's a third type of listening you need to develop. You need to listen to your intuition. When you listen to your intuition you listen for what's not being said, what's in the room, and how the group is reacting to what individual jurors are saying. This is where every good thing in voir dire happens.  When you listen to yourself, you miss out on all the good information the juror is sharing.
When you listen intently to individual jurors, you risk boring the group. But when you listen to both jurors and your intuition, you can shape the conversation and infuse it with meaning and purpose. You are present with the individual juror, yes, but you also have an eye on the entire group and what needs to happen next. But here's the thing about intuition: it doesn't shout at you or slap you in the face. (At least, not most of the time.) It shows up when you get quiet and give it space to arrive. And yet most of you are afraid of silence! So when the juror stops talking you immediately jump in and crowd out the opportunity to let your intuition speak. Stop. Slow down. Trust that what needs to be said next is just lurking under the surface. Start giving your intuition time to show up and you'll begin to master voir dire with each passing trial. Give this podcast a listen to learn more. We’re in this to win. That’s obvious. The problem is, you can’t control whether you win or not. And although I think you know this, I don’t think you accept it. I see so many attorneys desperately attached to winning at trial that when they lose...it knocks them off their game. When I was wrestling with an issue in my life years ago, my coach told me something I’ll never forget. She said, “The goal is to be 100% committed and 100% unattached.” It’s ok to want to win. But you need to detach from whether it happens or not. Here’s why:
 Let go of the idea that winning is the only acceptable outcome. Instead, focus your energy on doing the best job possible and you might just find that winning takes care of itself.
We’ve been looking at what limiting beliefs are holding you back. Today we’re looking at the limiting belief: My Stories Are True. Years ago, I was working with a trial attorney in my office. After several attempts to get him to open up his body language, he still remained closed. Frustrated, I finally blurted out, “Ok, what’s the story?” And out tumbled a story about how he’s afraid he’ll say or do something that will turn the jurors against him and how this fear had been eating him alive. When our communication is “off” there’s always a story behind it. Body language starts in the brain. What we think gets communicated through our nonverbals.  This is dangerous.
Walk into the break room and see two people abruptly stop talking and you make up a story that they were talking about you. See a juror frown and you make up a story that they don’t believe you and your version of events. Your spouse is late coming home from work and you make up a story that they’ve been in an accident. All of these stories have consequences because we communicate based on our stories. Think your colleagues are talking behind your back? You’ll start avoiding them and acting strangely when they’re around. Think a juror is against you during trial? You’ll start getting nervous about trying new things and play it safe. Think your spouse has been in an accident? You’ll increase your stress and may lash out at your child. It’s nearly impossible to stop making up stories because the brain is wired to make sense of our experiences. So instead, ask yourself, “Does this story serve me?” If your story causes you stress, worry or anxiety, it doesn’t serve you. So ditch it. Tell yourself a new story. Maybe your colleagues were sharing a personal story and were embarrassed if others heard. Maybe the juror has a stomach ache. Maybe your spouse got stopped by his or her boss on the way out of the office and didn’t have time to text you before getting in the car to drive home. Are these stories true? It doesn’t matter. The point is, they serve you and your mindset. If you end up getting more information that gives you a clearer picture, great! Reframe your story. But until then, pick a story that serves you. Here’s a podcast you might enjoy. |
AuthorSari has been dubbed the "Attorney Whisperer" because of her unique ability to help attorneys communicate their real selves. Archives
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