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8 Trial Excellence 1 (1996)

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                Trial Excellence

                Volume 8, Number I
                January, 1996



Six Ways to Control the Couwtroo m

by Constance Bernstein
The Synchronics Group

     Attorneys spend most of their time concentrating  ' What t osay, to
judges and jurors rather than on how to say it. Yet unless the body lan-
guage looks right and voice sounds right, people will not listen to the
words.

      Marshall McLuahn wrote in 1964 that the medium Is the message.
When you interact in the courtroom, you are on television. If the picture
Is boring or the sound muffled, no one will listen, no matter how brilliant
you might be. They will turn to another channel, which could very wen be
opposing counsel.

     How can you make sure that you use nonverbal language to effec-
tively communicate your verbal message to the jury? What is the key to a
winning presentation style? Here are six nonverbal techniques that will
help establish your control in the courtroom by communicating trustwor-
thiness and confidence to jurors.

1. Show an open posture

     The first step in winning your case is to win the trust and confi-
dence of the jurors. This can be done by showing a physically open pos-
ture to them. Your physical openness reflects a psychological openness,
indicating that you are prepared to be honest and above-board and that
                                  you expect jurors to reciprocate by
                                  giving you a fair hearing.

             ,n. ighfghts ~When you want to project an
                                  open, honest, cooperative posture,
              S,   .adopt the following attitudes and
                              ,   gestures:

                   .-.'.          * Get rid of physical barriers
                   n,.,           between ypu and the jurors