Lawyers pride themselves on their communication abilities. However, understanding some basic gender differences in communication, acquiring some key listening skills and applying that knowledge to one’s practice can improve an attorney’s odds of success.

Consider this example. Midway through voir dire, the plaintiff’s attorney briefly explains the proposed damages he seeks. As he describes the different categories of damages, he notices that Juror No. 8 is nodding her head. The attorney interprets her head nods as a great sign, so he makes the executive decision not to ask her any questions, fearing she will reveal her favor for his case. Juror No. 8 makes it on the jury, and the plaintiff’s attorney presents a strong case for his client.

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