Finding Your Voice as a Young Lawyer in the Courtroom
As young lawyers, we must establish credibility to receive good results. Therefore, we must frame our position to illuminate why our position will do justice.
February 27, 2019 at 02:53 PM
9 minute read
Raphael Castro of Pond Lehocky Stern Giordano
It's happened to you before.
You practiced your argument in front of the mirror the night before and in the morning while on the way to the courtroom. Your argument is impassioned, and your logic is unassailable. You're nervous, but ready to present your case. However, the only things you can think about after the hearing are the points you missed and how it didn't go as planned.
What went wrong?
Some are gifted naturals who know how to capture an audience. Their way with people is an art, and artists, as a rule, are far better at doing than explaining. The best attorneys know how to communicate clearly and persuasively. Here are insights and advice in order to find your voice as a young lawyer in court.
Establish Credibility
As young lawyers, we must establish credibility to receive good results. Therefore, we must frame our position to illuminate why our position will do justice.
One way we build credibility is presenting our arguments better than the other side. We all love a good story. We use credibility by sharing stories, metaphors and examples to make our position come alive. We must learn how to set up a story, describe the characters, set the scene, create conflict and then resolve it. Those of us who can tell captivating stories will always have an audience willing to listen, willing to be entrenched in the ebb and flow, with the drama and the humor, the tension and the resolution.
Go to your local bookstore and peruse the section on how to write fiction. It will explain how to portray your characters, how to create tension, how to build to a crescendo, and then how to bring it all together for a happily ever after. After you read it, start practicing with your significant other and friends while at dinner or hanging out at home. Learn how to tell good stories, and you'll become a better lawyer.
The best way to bolster your credibility is not only knowing how to present your case, but also learning the intricacies of your practice area. As a young lawyer this takes time, but it is time well spent. As counsel, we are expected to know more about the legal and factual aspect of the case than anyone else. This is building your credibility outside the courtroom.
Participating in CLEs, writing briefs and learning more from a senior partner is invaluable in your development. Join board and trade associations within your practice area. If you find the right groups, it won't be too long before you are recognized as an attorney who knows and understands the concerns and issues facing your client. Start building your credibility today.
Pitch Your Client's Stance Successfully
Persuasion is governed by basic principles that can be taught, learned and applied. Persuasion may be perceived as another form of manipulation to be misused. But exercised constructively and to its full potential, effective persuasion is a learned process where a young lawyer leads the fact-finder to come to a conclusion. You do not persuade by begging or cajoling. Instead, it involves careful preparation, the right framing of the argument, presentation of supporting evidence and the correct emotional match for your audience.
Communication isn't as simple as saying what you mean. How you say what you mean is crucial. Be aware of the tone of your voice, rate of speed and volume. At its pure essence, making an argument is four steps: strongly stating your position, supporting your position with facts, applying the necessary law and asserting your conclusion.
If you want to become a dynamic lawyer in the courtroom, you need to develop skills in public speaking. Speaking in front of judge or jury is no different than taking a deposition or writing a persuasive motion. It takes time, it takes practice, and it takes trial and error. The more you practice, the more comfortable you will become and the more effective your presentations will be.
Never overstate your case and be scrupulously accurate. Nothing detracts more from the force and persuasiveness of an argument than to claim more than what is reasonably supported. Do not stretch cases cited or dodge bad facts that are against you.
Proceed methodically to show the merits of your case and the defects of your opponent's. Keep it concise. It isn't the judge's job to piece elements together from a wordy and confusing brief or argument. Judges considering your case have many other cases to decide. Never waste the court's time. Inaccuracies can result from deliberate misstatements, carelessness or the worst cardinal sin—not being prepared. This misstep can lead to a grave loss of credibility which is difficult to recover.
Connect With the Judge or Jury
People like those who like them. All too often, people make the mistake of focusing too much on the content of the argument and not enough on how they deliver that message.
If you're in front of a judge often, it is important to establish goodwill and trustworthiness. You must establish yourself as an attorney who is well-informed, with sound judgment, and your colleagues will soon trust your expertise.
Informal interactions with the judge and the court staff creates the opportunity to discover at least one common area of enjoyment. It's important to follow the news and the most recent legal developments. Not just the news that interests you, but all news that interests your target audience. You may not follow sports or elections, but most do. Spend a few minutes every morning and evening scrolling the top stories, local, world, elections, business, sports and science. You'll never know what your decision maker may want to hear or where their interests lie.
Whether you like it or not, people form an opinion of you within seconds. We are a very visual society, and people judge you by what they see. You truly have one shot at a first impression. It's particularly important for young lawyers to look the part—polished, organized, smart and confident. What you wear and how you package and present yourself speaks volumes as how others perceive you.
Always try to lead with your strongest argument. Why? Because first impressions are what's most remembered. Judicial and juror attention is highest in the beginning. Refuting first puts you in a defensive posture, leaving the audience focused on your opponent's arguments rather than your own. When answering a question from a judge, begin with a “yes” or “no” followed by an explanation. Use visual aids to complement the content of your argument. Develop exhibits and demonstrative evidence. However, do not rely on reading off your PowerPoint or your notes. Look the jurors in the eyes to make that connection.
Almost as important, believe in your position. You can't fake authenticity. Do not appear calculated and insincere. Sometimes rehearsing elements in our speech may look unnatural. You can't pretend your client deserves a seven-figure judgment or an acquittal of not guilty. Be passionate about your stance. Be confident when making your conclusions. Avoid using the first-person singular of “I or me.” Present your argument as truth, not as your opinion—telling the judge what the law is, and not what you think it to be.
Adapt to Decision-Making Styles
A good lawyer tries to learn as much as possible about the judge or jury who will decide the case. Learn what leads the fact finders to draw their conclusions. With judges, read their opinions, particularly those dealing with matters related to your case. Read their articles and speeches on relevant topics.
Good persuaders have the ability to accurately sense and respond to their audience's emotional state. This involves demand and compromise. Besides judicial philosophy, learn how the judge runs the courtroom. The law within your practice area is similar in every county in Pennsylvania, but you must be prepared to adjust to the judge's viewpoints and incorporate their rules. What may be the custom in Philadelphia, may be approached differently in Lancaster. Ask colleagues familiar with a certain judge about his or her idiosyncrasies.
Praise, the other reliable generator of affection, both charms and disarms. Being positive while confident in the courtroom can strategically generate warm feelings in return, as well as willing compliance with the wishes of the person offering the praise. Along with cultivating a fruitful relationship, using the right attitude can repair one that's damaged or unproductive. Resentment going in front of a certain judge will cause an obvious distrust in your abilities—and a lower probability of winning. Try to focus on building relationships with all triers of fact.
Before they even start to talk, effective attorneys have considered their positions from every angle. What investments in time and money will my position require from others? Is my supporting evidence weak in any way? Are there alternative positions I need to examine?
Build These Tools to Win Your Case
As young lawyers, we have been afforded this great responsibility in advocating for our clients. We make a living by talking. We do this by effectively communicating in the courtroom. In our adversary system, it's your job to present clearly the law and the facts favoring your side of the case.
Make the commitment to hone your craft of public speaking. Your client will be glad you did.
Raphael F. Castro, an associate at Pond Lehocky Stern Giordano, is a workers' compensation attorney. He earned his law degree from Widener University School of Law, graduating in 2014.
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