How to Win a Jury's Heart

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.