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.
I bet you've been told you need to build trust with jurors, haven't you.
Here's the problem: trust takes time. Yet, you don't have the luxury of time to get jurors to believe and trust you.
What you need is permission.
What is permission?
Permission is how receptive someone is to you or your message.
Permission is a function of three things:
You can increase permission with jurors (or anyone else) by meeting their need.
For example, what do jurors need at the start of jury selection? Information. They want to know why they're there and what they have to do. So tell them. Forget phony "rapport builders" like asking about hobbies or what jurors have read lately. Get straight to the issue and watch permission go up.
You also increase permission by doing things at the right time. Jurors need to feel empowered, yes. But telling them they're the most important people in the room at the beginning of trial nearly always fails. Why? It's the wrong time. Jurors are on the lookout for any hint of manipulation and this fits the bill. You empower jurors in closing, not when you begin.
Finally, you increase permission by meeting people's needs at the right time and in the right context.
The different parts of trial represent different contexts. The context of voir dire is to get information. The context of opening is to give information. The context of closing is to argue your side. Stay in your lane! Don't argue in opening or deliver a presentation in voir dire.
You need jurors who are receptive to you and your message. Forget about getting them to trust or like you. Instead, focus on meeting their needs at the right time and in the right context and watch permission steadily increase.
Sari has been dubbed the "Attorney Whisperer" because of her unique ability to help attorneys communicate their real selves.