How do you get those ladies and gentlemen to see things your way? Expert advice on wooing a boxful of skeptics.
We figure you know the basics about how to conduct yourself in front of a jury. Hell, anyone who's ever watched Matlock knows how it's done. So we'll skip the kid stuff and move straight to the tactics you haven't heard of-or seen on TV. Here, then, ten tips from real-world lawyers, jury experts and psychologists to get the ladies and gentlemen of the jury to see things your way.
1. Master the Facts
Think it's a coincidence that Überlitigator David Boies so often comes out on top? It is not. Boies draws on his gajillion-watt memory to master reams of facts. And knowing the facts cold is one of the simplest, most powerful ways to win over a jury, says New Orleans attorney Russ Herman, former president of the Association of Trial Lawyers of America. As soon as you've collected all the depositions, all the documents and all the other evidence, says Herman, hunker down and learn every detail of your case. As the trial unfolds, your command of the facts will send two key messages: (1) I care about the case enough to devote the proper time to understanding it and (2) I am a thorough, highly competent professional, so you can trust everything I say and do.
2. Dress ... the Way You Dress
Conventional courtroom wisdom holds that lawyers should dress down. The thinking: Jurors are more sympathetic to those who seem similar to themselves. Fine, but don't dress too down, says Malcolm Wheeler, a Denver-based defense attorney and an expert in jury decision making. "If you normally wear $3,000 suits and you put on something from Sears, you'll subconsciously feel like a fraud," says Wheeler. "And the last word you want a jury to tag you with is 'fraud.' "
3. Start Smart
Many lawyers waste time introducing their colleagues or offering condescending primers on the legal process during opening arguments. Instead, says Wheeler, follow the rule they use in Hollywood: Set the tone in the first ninety seconds or the rest of the story will fail.
4. Now Restart
Limit presentations to twenty minutes or less, says Andrew Sheldon, president of the American Society of Trial Consultants. (Studies show that the average person has an attention span only about that long.) If you must stretch out part of your case, build "mini chapters" into your main story. The more fresh starts you weave in, the likelier jurors will be to remember what you say.
5. Anchor Away
Savvy lawyers employ a tactic that can cause a jury to doubt the veracity of the other side's witnesses before they're even called to the stand. Paul Lisnek, cofounder of the Chicago trial-consulting firm Decision Analysis, explains how it works: Early in the trial, an attorney begins "anchoring" himself in a certain spot in the room whenever he imparts negative information about his opponent's case; when speaking favorably about his own client, he walks to a separate location. Then, while cross-examining opposing witnesses, he makes sure to stand in the "bad spot," leading the jury to subconsciously question what they're hearing.
6. Don't Impel Experts to Eschew Obfuscation
Many lawyers think expert witnesses ought to use language jurors can actually understand. But a 1996 Princeton University study found that when it comes to highly credentialed authorities, clarity isn't necessarily compelling. The research compared two testimonies given by the same doctor in front of several juries. In the first testimony, the M.D. described in simple language how a chemical had been known to cause "cancer of the liver"; later, he described that condition as "tumor induction" with "hepatomegaly, hepatomegalocytosis and lymphoid atrophy in both spleen and thymus." The results: Jurors found the highfalutin phrasing more convincing.
7. Step Off
Movies and television shows often depict lawyers cozying up to the jury box, even leaning on the railing as they plead their cases. Fine for Bobby Donnell, bad for you, says Wheeler. Jurors, like everyone else, don't like strangers invading their space. Wheeler suggests keeping at least a three-foot buffer between you and the jury box.
8. Promote Lying
Geoffrey Fieger, the brash litigator who made his name defending Dr. Jack Kevorkian, recommends this technique for turning jurors against a witness: During cross-examination, get the witness to tell a lie. Any lie. Fieger, for example, once had a television producer on the stand. The producer testified that he believed people typically don't mind hearing sexual fantasies about themselves and their spouses (a point critical to his side's main argument). Fieger then asked the producer if it would be okay with him if Fieger talked about tying up the producer's wife and licking whipped cream off her breast. Trapped, the producer insisted that no, he wouldn't mind. The message sent to jurors: This guy aims to deceive you.
9. Befriend the Bench
"There will always be one lawyer whom the judge wants to hear from first when there's an objection or a question from the jury," says Wheeler. "You want to be that lawyer." Why? If the judge appears to favor you, the jury will likely follow his lead (research shows that people are heavily influenced by those in positions of authority). Trial consultant Lisnek actually attempts to mirror a judge's seated posture in order to send the signal that he and the judge are simpatico. At the same time, he cautions against being too obvious. The jury regards the judge as their coach. You want to be seen as his star player, not some starry-eyed rookie.
10. Close With Care
Craft your closing argument thoroughly, but leave some room for improvisation. If you sense the jury is leaning against you, you may need to pound your argument harder. If the jurors seem sympathetic, however, it may be better to gently guide them to their own conclusions. Consider this example from Duke law professor Neil Vidmar. He tells of a plaintiff's lawyer who decided not to ask the jury for a set amount of damages at the end of a personal-injury case. The jury came back with an award far larger than any he would have dared suggest. The point? The most persuasive attorneys don't even have to ask for what they want.
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published December 07, 2011
By Harrison Barnes, CEO and Founder - BCG Attorney Search 
About Harrison Barnes
No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.
A Reach Unlike Any Other Legal Recruiter
Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations—from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:
- Immigration law
- Workers’ compensation
- Insurance defense
- Family law
- Trusts & estates
- Municipal law
- And many more...
This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.
Proven Success at All Levels
With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:
- Top Am Law 100 firms such including Sullivan and Cromwell, and almost every AmLaw 100 and AmLaw 200 law firm.
- Elite boutique firms with specialized practices
- Mid-sized firms looking to expand their practice areas
- Growing firms in small and rural markets
He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.
Unmatched Commitment to Attorney Success – The Story of BCG Attorney Search
Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm’s unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.
The Most Trusted Career Advisor for Attorneys
Harrison’s legal career insights are the most widely followed in the profession.
- His articles on BCG Search alone are read by over 150,000 attorneys per month, making his guidance the most sought-after in the legal field. Read his latest insights here.
- He has conducted hundreds of hours of career development webinars, available here: Harrison Barnes Webinar Replays.
- His placement success is unmatched—see examples here: Harrison Barnes' Attorney Placements.
- He has created numerous comprehensive career development courses, including BigLaw Breakthrough, designed to help attorneys land positions at elite law firms.
Submit Your Resume to Work with Harrison Barnes
If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.
Submit your resume today to start working with him: Submit Resume Here.
With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.
A Relentless Commitment to Attorney Success
Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials—he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.
Harrison’s work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:
- Finds and creates job openings that aren’t publicly listed, giving attorneys access to exclusive opportunities.
- Works closely with candidates to ensure their resumes and applications stand out.
- Provides ongoing guidance and career coaching to help attorneys navigate interviews, negotiations, and transitions successfully.
This level of dedicated support is unmatched in the legal recruiting industry.
A Legal Recruiter Who Changes Lives
Harrison believes that every attorney—no matter their background, law school, or previous experience—has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.
He has worked with:
- Attorneys making below-market salaries who went on to double or triple their earnings at new firms.
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- Attorneys in small or remote markets who assumed they had no options—only to be placed at strong firms they never knew existed.
- Partners looking for a better platform or more autonomy who successfully transitioned to firms where they could grow their practice.
For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist—often in places they never expected.
Submit Your Resume Today – Start Your Career Transformation
If you want to explore new career opportunities, Harrison Barnes and BCG Attorney Search are your best resources. Whether you are looking for a BigLaw position, a boutique firm, or a move to a better work environment, Harrison’s expertise will help you take control of your future.
? Submit Your Resume Here to get started with Harrison Barnes today.
Alternative Summary
Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.
More about Harrison
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