QUESTIONS AND ANSWERS TO COMMON TRIAL ADVOCACY QUESTIONS: Knocking Knees and Sweaty Palms Controlling Your Nervousness in the Courtroom
by Elliott Wilcox THIS WEEK'S QUESTION: "I have gone to court about five times. The problem I have is that when I get to court I am scared to such an extent that sometimes it is difficult to express myself well and it's difficult to get the words out of my mouth. How can I improve this? I want to be among the crop of the shrewd advocates I see in town the soonest possible. Please advise."
ELLIOTT ANSWERS: First, preparation is the key. No matter how suave or smooth an attorney you are, if you walk into court unprepared, you won't be as persuasive as you should be. Do all of the legwork beforehand - names, dates, case law, factual summaries, argument summaries or bullet points... Have everything prepared BEFORE you walk into court. Anticipate evidentiary objections or questions from the bench. Have drafts of your jury selection questions, opening, directs, cross-examinations, and closing arguments prepared in advance.
Simply knowing that you are well prepared and capable of responding to almost any objection or eventuality will calm you down and reduce your level of tension.
Second, talk to just ONE person at a time. Do you feel comfortable speaking to one person? Could you present your opening statement or arguments to one person? Would you get flustered or forget your opening statement if there was only one person in the jury?
No?
Then what difference should it make if they're surrounded by eleven other people or if the audience is filled with dozens of spectators?
Start by picking out someone in the front row of the jury box, making eye contact, and having a one-on-one conversation. If you only talk to one juror for your entire opening, they'll feel uncomfortable, the rest of the jurors will feel neglected, and your presentation will be ineffective.
To avoid that, talk with them for a moment, then pick someone in the back row, and talk to them for a little while. Then shift to the front left or the back right corner, continuing to work your way around the jury box, always making eye contact with just one person, having a one-on-one conversation, and then moving on.
Each juror will feel like you are talking to them personally, and you will reduce your level of nervousness because you'll only be talking to one person at a time.
Third, practice makes perfect. If your nervousness comes from a fear of public speaking, don't be shy about confronting it. Every year, surveys indicate that presenting a speech for an audience is one of the average American's greatest fears. It should come as no surprise then that many lawyers feel that same fear. After all, in the courtroom, the bulk of our job consists of presenting ideas and facts to an audience ( albeit an audience that makes a crucial decision at the conclusion of our presentations). Some attorneys have significant public speaking experience, while others don't have any experience at all.
If you haven't spent much time speaking to groups, I would recommend joining a Toastmasters International club. I learned more about effectively presenting a case to a jury in my Toastmasters clubs than I ever did from any trial advocacy program or CLE course. To find a group near you, visit www.Toastmasters.org. Visit several groups and find one that matches your style.
Then practice. Every week, take the opportunity to stand up and present your ideas. Before long, you'll feel confident enough about the style of your presentation that you will be able to focus all of your attention on the substance of your presentation. When that happens, your fears will be minimized and you'll be on your way to becoming a courtroom success.
I hope these tips help you in your next trial.
Best wishes for success in your next trial!
Have a question about how to win trials? What is the biggest concern you have about trying cases or the biggest question you want answered about how to win more trials? Send your questions to TrialTips@TrialTheater.com with the subject line "Trial Questions." (Please indicate whether you want attribution for your question or if you'd prefer to remain anonymous.)
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