CHAPTER 1 - THE FIRST STEP: CREATE A SURE FOUNDATION WITH CREDIBILITY

"One can stand as the greatest orator the world has known, possess the quickest mind, employ the cleverest psychology, and have mastered all the technical devices of argument, but if one is not credible, one might just as well preach to the pelicans." (1) So says one of the premier trial lawyers, Gerry Spence, in describing the absolute rock-bottom importance of credibility. Credibility is something a successful trial lawyer pays attention to from day one of a trial.

What Lawyers Know About How People, Create First Impressions, And How You Can Use That Knowledge To Your Advantage

First impressions are critical to a lawyer's success in the courtroom. From the moment a lawyer walks through that courtroom door, the jurors are already determining whether that lawyer is to be believed or not. The lawyer's initial physical presentation of him/herself determines how the jurors view the lawyer, what they think of the lawyer and his/her client, and how the jurors will assess whatever is said or done by that lawyer from then on: initial physical presentation is the background against which the lawyer's every deed and word is evaluated.

Why is this first impression so important? Because lawyers know that unless the jurors believe that s/he is a credible human being, the jurors will not allow themselves to be persuaded by him/her. Credibility is your believability factor. Credibility is what inspires confidence and influences decisions. Credibility determines whether or not someone will believe something you say is true just because you said it. Credibility is absolutely critical. It is the very foundation of a lawyer's success as a persuasive advocate, as it will be the foundation of your success, and as such it must be carefully established.

JOHNNIE COCHRAN: HIS CREDIBILITY PRECEDED HIM

Choosing Mr. Cochran as a highly visible key member of the team of lawyers defending O.J.Simpson in his criminal trial was a very smart move. Mr. Cochran had great credibility within the black community and with his colleagues. He walked into the courtroom already positioned as someone who could be trusted, someone the jurors were predisposed to believe.

"Cochran was one of those people who (prior to the Simpson case) it had always been hard not to like. He has a ready smile and warm, jovial manner with everyone, rolls with the punches, and doesn't project arrogance or pomposity. Cochran's motto seems to be "Live and let live." He has always been very well liked and respected in the legal community and is particularly known and respected in the black community." (2)

District Attorney Robert Morgenthau sums up the informed opinion of many outstanding trial lawyers when he states, "A lot of jurors make their decision not only on the evidence but on whether the lawyer is believable." (3) The worthiness of the client's cause is intimately related to the perceived worthiness of the lawyer. If the jury believes the lawyer is credible, it is willing to extend that credibility to the client and to the case. The lawyer is every bit as much on trial as is the client.

So too, if you are believable, others will extend your credibility to whatever it is you are trying to convince them of. They will be willing to listen seriously to what you have to say, just because you impress them as someone worth listening to.

" Gee, " you say to yourself, " I am who I am. How do I know if I'm "credible" or not? Certainly I know when I'm lying, I probably don't do it very well and people can tell, but beyond being honest, I don't know what else to do. " There is a great deal you can do to assure your credibility once you understand, as lawyers do, how first impressions are formed.

Jurors assess what they see by a process called "stereotyping", which then becomes the basis of their initial impression of a lawyer or a witness.

A CATHOLIC SCHOOLGIRL'S PURITY RUBS OFF: THE WOODY ALLEN/MIA FARROW TRIAL

In the Woody Allen/Mia Farrow trial, the New York Times referred to Ms. Farrow during her questioning (cross-examination) by Elkon Abromowitz in the following terms:

"The woman who calmly answered Mr. Abromowitz's questioning during a long, tedious day looked like a Roman Catholic schoolgirl, the kind who earns straight A's for deportment and penmanship. Dressed in a pleated teal skirt, a navy blazer and a white shirt buttoned to the throat, Ms. Farrow politely responded to a seemingly unending series of questions." (4)

The "Catholic schoolgirl look" described by the New York Times grounded Ms. Farrow's credibility in dress and body language which conveyed honesty, innocence and trust. Who could be more truthful than a polite, demure Catholic schoolgirl?

Stereotyping is the process which allows us to conduct our daily affairs with the speed and efficiency dictated by modern life. Stereotyping helps people figure out what to do with complex information by organizing and simplifying it; it enables us to categorize information virtually instantaneously so that we may react or respond appropriately.

LT. COL. OLIVER NORTH: THE VIRTUOUS WORKING MAN UP AGAINST THE PAMPERED FAT CATS

In commenting on Lt. Col. North's credibility, a participant in the chat line bulletin board, undertaken by Judge Richard B. Klein (Judge of Court of Common Pleas, Pennsylvania) to assess the impact of North on the average juror, said: " I think it helped that he was tall, thin and good looking. He didn't look like a pampered fat cat, like Poindexter. He didn't look like he was after power, or prestige, or wealth. He was a working man. " (5)

People knew what to think of Lt. Col. North by placing what he had to say within the context of what he looked like. He seemed to be "a working man." This greatly colored how people heard and interpreted what North had to say.

Here are some examples of how people use stereotyping in daily life:

Situation #1:

A worried looking middle-aged woman, wearing a plain but clean housedress, carrying a crying child in her arms asks you for help.

Stereotyped Interpretation:

Your instant stereotyped interpretation of the situation is: "Here is a concerned mother, the child is crying, s/he's probably sick."

Appropriate Response based on Stereotyped Interpretation:

You respond to her plea with compassion, and try to help her.

Situation #2:

A young man, long greasy looking hair flapping in the wind, dressed in torn leather with metal studs, tattoos adorning his naked chest, roars up on a motorcycle and asks you for help.

Stereotyped Interpretation:

Your instant stereotyped interpretation of the situation is: "This man looks like a Hell's Angel, his plea for help is undoubtedly just a way of getting me close enough to him so he can steal my wallet or knife me."

Appropriate Response based on Stereotyped Interpretation:

You pretend you never heard the man's plea, and duck into the nearest shop to avoid him.

Stereotyping helps us interpret and evaluate new information on the basis of what we already know, and thus helps us to make potentially meaningless situations, meaningful. Once an individual has made sense of a situation, s/he can anticipate future behavior or events based on the stereotype, and so is free to go on to deal with other matters. Given how stereotyping works generally, how does stereotyping impact a lawyer's credibility with the jurors?

CASE IN POINT

A lawyer fidgets and keeps chewing on his mustache during opposing counsel's cross examination of his witness. The fidgeting and chewing are stereotyped as evidence of worry and anxiety. The jurors' assessment of such worry and anxiety is that the lawyer must be ill-prepared and therefore unprofessional. With this frame of reference in mind, the jurors now know how to interpret anything the attorney does, and so are free to attend to other events occurring in the Courtroom.

You create an impression of yourself whether you do it on purpose or not. It doesn't make a bit of difference if you spend hours of thought, creativity and effort to create a given impression or don't spend a moment on it, the result is the same: people will respond to you on the basis of their perception of who you are.

Let me repeat that last statement because it is critical: you will be responded to in function of how people perceive you, not in terms of who you really are. This is an important distinction. The worried woman in the example cited earlier could have been a kidnapper, the motorcycle rider could have been honestly in need of help. Most certainly, attractive looking men have been known to rape. These are realities. But all these people are responded to in function of how they are perceived, not in function of who they really are.

WOULD THE REAL SMUGGLER PLEASE STEP FORWARD?

In a study by Kraut & Poe (6), observers tried to determine, during the course of a Customs interview, which airline travelers were smuggling contraband goods and which were not. Observers shared such a clear consensus about the stereotype of how a smuggler behaves, that they agreed to a striking degree as to which travelers were smugglers and which were not, yet in reality, the observers were almost always wrong in their perceptions. Regardless of the fact that the stereotype did not conform to the real behavior of smugglers, it was maintained as the guiding principle in " how to discern a smuggler! "

The problem then is not, are you credible, but rather, is that what comes across? If you don't express yourself in ways which are stereotypically recognizable to the people you are addressing as credible, you will not be perceived as such.

Learn to Use First Impressions to Establish Your Credibility the Way Lawyers Do

A lawyer's credibility is composed of two basic elements:

1. expertness, the lawyer's ability to make valid statements; and
2. trustworthiness, how fair and sincere is the lawyer in making these statements.

Technique #1: Establish credibility with expertness

Expertness relates to how well the lawyer has prepared his/her case, how thorough s/he has been, how "professional". "Professional" is defined by jurors as "careful presentation of the evidence": the prototypical lawyer is one who is "meticulous and incisive". (7) If you are to be believed, you not only must be well prepared and know your subject thoroughly, you must also look and sound like you are well prepared to those who are listening to you.

Technique #2: Follow through with trustworthiness

Trustworthiness includes "authoritative presentation" and the juror's perception of the lawyer's "demonstrated allegiance and zeal for his client's cause". (8)

The great trial lawyers truly believe in their client or their client's cause, and this belief shines through and informs their every word and action.

CASE IN POINT

"It is the magic of caring for one's clients, because caring is the secret of winning. Juries feel its irresistible power and respond to it, .. How can you expect a jury to care for your client if you do not? Caring is contagious..." exclaims Gerry Spence in talking with young lawyers. (9) It is this caring which convinces the jurors of lawyers' true worth, of their credibility.

Now, you may have the same intense belief in your cause, but if you do not express that belief both verbally and non-verbally in a way which others perceive as sincere you will not be believed.

Successful trial lawyers learn to leave their habitual ways of expressing themselves at the door of the Courtroom, and attend to how s/he wants to be perceived in that Courtroom. What matters to the successful presentation of his/her case is not the lawyer's private self, but the self the jurors perceive the lawyer to be. Hopefully, the lawyer's public and private selves will end up being one and the same.

CAUTION

Sincerity cannot truly be faked. It can be imitated perhaps for awhile, but it cannot be pretended for any length of time. Therefore, it goes without saying, that if you are not sincere in what you are saying, no amount of communication skills training will somehow "give" you that sincerity. It is your first consideration to be genuinely trustworthy and expert, to be well prepared and willing to pursue your cause with "passion and zeal." The inner sense you have of your honesty, sincerity and worth can then be translated into observable behaviors reflecting those qualities.

In forming their initial impression of a lawyer's credibility, jurors rely on the basic decision making processes: gathering information, then assessing it. Scrutinizing the lawyer, client, and witnesses for outward signs of worthiness and sincerity are significant parts of the information-gathering process; right from the start of trial, jurors often keep extensive notes of what lawyers do, including their personal grooming, habits, and gestures.

CAPTIVES IN THE COURTROOM: THE MENENDEZ BROTHERS' TRIAL

The trial of the Menendez brothers was widely publicized. Although the brothers admitted to killing their parents, the trial resulted in a hung jury. A juror who participated in the of one of the brothers, Erik Galen Menendez, remarked: "Since we are held captive in the courtroom, we have little else to do besides pay attention. We attach great significance to things that a nonjuror might not even notice: a snide remark by one of the attorneys, a subtle reprimand by the judge, a glance exchanged by the defendants, a third or fourth reference to something that has evidently been ruled off-limits." (10)

Consequently many behaviors which would in the course of daily life go unnoticed, and certainly unjudged, suddenly assume new and critical proportions.

CASE IN POINT

Situation #1:
An lawyer gropes in his briefcase for a document

Jurors' Reaction:
Jury takes this observed behavior as evidence that the lawyer is unprepared and therefore probably incompetent.

Situation #2:
A lawyer twists his/her wedding ring back and forth

Jurors' Reaction:
Jurors interpret this as nervousness and judge the lawyer to be incompetent: if the lawyer is nervous, s/he must be worried, so the lawyer must not be doing well, and s/he must be losing the case.

In sum, your perfectly innocuous personal habits and mannerisms are read as meaningful clues to your credibility, and take on a life of their own. Whether we like it or not, appearances do matter. They directly influence what people think of you and therefore how they respond to you.

Not only is a first impression created almost instantaneously, but it is very difficult to alter once it has been created. Research demonstrates that people hold tenaciously to their first opinion, and will attempt to deny or devalue information which appears to contradict that first opinion.

WHY GOOD LOOKING RAPISTS RARELY GO TO JAIL

In rape cases in which the defendant is good-looking or handsome, female jurors often ignore the facts pointing towards the guilt of the defendant, claiming that anyone who is that attractive has no need to rape in order to be sexually satisfied. The women prefer to trust their first opinion, based on the initial impression, "attractive, therefore not a rapist", to the facts of the case. A sobering thought.

Although it is very important that you maintain your credibility with the people you want to persuade at all times, the establishment of your first impression as a credible person is the most important of all. If you establish a credible impression right from the start, it will carry you through many mistakes and problems, if you fail to do so, you will have one heck of a time getting others to believe you; they will have no foundation for their belief.

What Goes Into a Lawyer's Winning First Impression Can Go into Your Creating a Winning Impression All the Time

In order to establish credibility, somehow the lawyer has to convey two intangible qualities - expertness and trustworthiness - from the moment s/he enters the courtroom, long before s/he says a single word. This is not as mysterious as it sounds! Successful trial lawyers know there are 3 cardinal rules to creating a winning first impression with the jurors:

1. Look credible in appearance
2. Appear self-assured and in control
3. Respect the Judge, Court process, and Courtroom personnel.

PORTRAIT OF A PERENNIAL WINNER

"Walk into any courtroom and you can immediately pick out the insurance company lawyer. He is stately in his appearance, always immaculate with a proper haircut. He usually wears a white shirt and his tie complements his navy blue pinstriped suit perfectly. And he seems quite unimposing, quite humble, quite kind, quite gentle, quite to-the-toenails right. People inevitably look to him and listen to him, and because they tend to believe nice people, he usually wins." (11) Such a lawyer is eminently credible, both in appearance and demeanor. His credibility is a sure stepping stone to his success.

How does this translate into your life and your ability to persuade?

1) Look Credible by Enhancing Your Attractiveness

Social psychologists have demonstrated time and again that attractive people are viewed more favorably and are automatically granted more credibility than those perceived as less attractive. Does this mean you must undergo extensive plastic surgery in order to be successful if you weren't born looking like Mel Gibson or Demi Moore? Certainly not.

"Attractive" is a much broader concept than "beautiful" or "handsome". To be attractive means to have the power to attract; to be able to draw people to you, to be pleasing and inviting to others. "Attractive" has a great deal more to do with how you present your physical person than it does with the sheer beauty of your person. A clean, well-groomed man, for example, with a healthy, fit body, whose hair style is properly cut to set off his features to their best advantage, whose clothes fit well and are of good cloth, free of spots or wrinkles, whose nails are clean and well-tended, whose smile is wholesome because he takes good care of his teeth, is enormously attractive, able to draw people easily, regardless of the actual beauty of his features or body. In contrast, a man who is devastatingly handsome, but who has ill kempt hair, whose clothes are ill-fitting and soiled, who smells like yesterday's fish, and whose nails are dirty and jagged, will not be attractive regardless of the incomparable beauty of his face.

CHIEF JUSTICE TWESME: ON THE MERIT OF BEING A WELL DRESSED THIEF

"Albert L. Twesme, Chief Justice of the Seventh Judicial District of the State of Virginia, after spending over 30 years as a trial judge in Wisconsin, observed that "anyone connected with a thief, including the attorney, does better if he appears in proper clothing and with proper grooming." (12) Some truths are short, simple and to the point. This is one of them.

Use the following four techniques to assure the credibility of your appearance.

Technique #3: Cleanliness counts

Cleanliness may or may not be next to Godliness, but it is certainly next to successfulness. Cleanliness means clean hair, body, face, and hands, and well taken care of teeth. Be aware of your personal odor. People equate body odor with poverty and ill health, neither of which are linked to success. People recoil from bad breath. It is difficult to attend to someone's words when you're fighting off their breath. Don't allow such something so truly inconsequential to get in the way of your credibility.

It is easy to forget the impact your hands may have on others, yet clean nails are important. What is your instant opinion of someone with dirty nails? How unfortunate if your credibility was undercut by something so simply remedied! Cleanliness also means clean clothes with no spots on ties or blouses; wrinkle free clothes, freshly pressed.

As lawyers well know, when people are putting together their first impressions, they notice everything about you. What seems like an insignificant spot to you may assume gigantic proportions to an individual trying to ascertain who you really are.

Technique #4: Be well-groomed

Good grooming means that your choices of what you wear, how you cut your hair and nails, how your makeup is applied, are all predicated on what fits and suits you well. This means you choose clothes which fit you well, are of good quality, and are appropriate to the occasion. Good quality does not necessarily mean "outrageously expensive." Good quality means decently made, with seams that don't fall apart and buttons that don't fall off. You cannot "get away" with slightly frayed cuffs, an outdated tie, or a scraggly hem when you are seeking to create a winning first impression. Your shoes must be clean and/or shined, your stockings run-free, your socks assorted to your shoes.

HOW A $20 HAIRCUT COULD HAVE TURNED THE TIDE OF HISTORY: THE SENATE INVESTIGATION COMMITTEE ON THE IRAN-CONTRA AFFAIR

Bendan V. Sullivan, who was the legal counsel for North as he testified before Congress, was keenly aware of the importance of credibility. Every detail was attended to: "Sullivan's appearance also contrasted with that of the House and Senate attorneys. His greying hair was cropped close, and he wore horn-rimmed glasses. This conservative, almost scholarly look enabled him to be very aggressive and outspoken and still have the visual look of the professor being reasonable.

"Many people noted problems in the television personality of House counsel John W. Nields, Jr. and Senate counsel Arthur L. Liman. If there ever was false economy, it was the $20 or so that Nields and Liman saved by not getting first-rate haircuts prior to the hearings. Many people commented on the fact that both were trying to hide their baldness, and many took the next step to consider this "deceit." (13)
You can't afford to have people interpreting your haircut as a sign of 'deceit' when you're trying to be persuasive! Genius has often been called "attention to detail" and certainly such attention is part and parcel of success.

Appropriateness is part of good grooming. Choose clothes appropriate to the occasion. If you are attending a business meeting, for example, wear clothes appropriate to a business situation. If you are seeking to persuade a youth group at your local Y, dress more casually. Your hair and make up should also be appropriate to the occasion, as well as carefully chosen to best suit your face, not according to what is the latest fad.

There are many excellent consultants who can help you groom yourself; color consultants, hair stylists, personal wardrobe consultants, and so forth. Shop around, find out who is good, and consult. It will be worth the fee to look really well groomed and thereby enhance your credibility.

Technique #5: Choose appropriate accessories

The rule of thumb is: less is more. When in doubt, under-accessorize rather than over. We tend to dress and accessorize to express our personalities. When your primary purpose is to create a winning first impression, pay attention to what non-verbal message your accessories are conveying. You may have a special fondness for earrings, for example, but it would be highly inadvisable to wear your favorite razzmatazz-and-all-that-jazz earrings to a business meeting, for the simple reason that more attention will be paid to your ears than to what you are saying.

Accessories such as jewelry, glasses, hair clips, and so forth, are so much a part of us we forget to take a look and see what function they may or may not be performing. As we will see in Chapter 2, good eye focus is critical to persuasiveness. Your glasses may obscure your look: is the frame too heavy or too dark? Might you be better off with contact lenses? On the contrary, do your contact lenses make you blink all the time and tear: might you be better off with glasses?

Ask yourself: is your jewelry (and other accessories) consistent with the way you want to present yourself? What is the stereotyped message of a large heavy pinky ring on a man? What is the stereotyped message of a simple string of pearls on a woman? You will know what those messages are because within a common culture, we share the same stereotyped understandings. Advertisers have long taken advantage of our stereotypes, notice how advertisers portray successful men and women. Take a good look at yourself in the mirror and start questioning every one of your ordinary accessories, be sure they enhance and support your credibility rather than detract from it.

Technique #6: Be in shape

An out of shape tired body is not attractive. No, you don't need to turn into a fitness buff, but you do need to recognize that you're hardly going to project a confident credible image if you're drastically out of shape. Being in shape doesn't necessarily mean going on a diet. Weight isn't everything. People can be somewhat overweight, but if they keep up a decent regimen of exercise, their bodies will be toned and thus an impression of positive self-assurance will radiate forth. If you're reasonably in shape you'll stand straighter more easily, your movements will be more fluid your gestures will have more life to them, all of which enhance credibility.

2) Appear Self-Assured and in Control

The second way in which successful trial lawyers convey their expertness and trustworthiness is by appearing self-assured and in control. Use the following three techniques to establish an impression of yourself as someone self-assured and in control, in other words as someone who knows what s/he are doing, someone who is therefore trustworthy.

Technique #7: Do things one thing at a time

The first technique of appearing in control is based on doing things one thing at a time. Whenever you do 2 (or 3 or 4 ...) things at the same time, you are splitting your focus. In other words, you are giving only a portion of your focus to each item. Some people are perfectly capable of doing 5 things at once and accomplishing each well, but since few people are capable of this, the stereotyped reaction to someone doing 5 things at once, is that some of those things are going to be poorly done. When people do things one thing at a time, the assumption is that they are attending to each thing carefully, and that each will therefore be properly accomplished.

Most rituals are executed with this principle in mind. An example is the Japanese ritual of the tea ceremony. Each step of the ritual is very carefully performed, with great attention given to every detail. Nothing is rushed, and the focus is total on whichever part of the ceremony is being performed at that moment. The impression conveyed is one of absolute mastery. Absolute mastery is power. So, for you to convey an impression of mastery, you must look like you are in complete control of what is going on, and one of the basic elements of that control, is doing things one thing at a time.

No matter how pressed for time or impatient a lawyer is, for example, you will not see a successful trial attorney rushing into the courtroom, without looking where s/he is going or surveying what is going on, and slamming him/herself into a seat without further ado. In order to convey mastery, the lawyer will attend fully to each part of his/her entrance, albeit only for a moment. For most successful lawyers, this is a completely unconscious process, yet it is part and parcel of how his/her credibility is established. Professionalism, the meticulous attention brought to each point, the careful and thorough preparation of the case, is a trait highly valued by jurors. This impression is conveyed by a calm and confident manner, easily achieved by the simple physical expression of doing things one thing at a time.

Regardless of how rushed you are, take a breath before you make your entrance, wherever that is, make sure your clothes are in order, your hair is in place, your papers or other equipment are neatly tucked away in your briefcase or other carrying case, and that nothing is spilling out of your case, pockets, or hands. Then walk in, as if you had nothing more on your mind than going through that door (illustration #1). At the door, take a moment to notice who is where, then walk into the room. If, for example, you are joining others for a meeting at a table, look at the table, determine where you want to sit, walk over there, greeting others on the way as is appropriate, put your brief/carrying case down, and then, sit. Once you've calmly seated yourself, open your brief/carrying case, take out what you need, and only what you need. Then shut your case, and put it aside on the floor, or wherever it won't be in the way.

Contrast the calm, self-assured impression conveyed by this entrance with the impression conveyed by a hurried entrance, where you rush in, papers and equipment in hand, slightly out of breath, hair mussed (illustration #2). How much expertness do you think you convey with such an entrance? It literally only takes a few moments longer to complete a calm, doing-things-one-thing-at-a-time type entrance, than it does to effect a "rushed" approach, yet in those few moments you will have projected an image of self-assuredness and of confidence which, properly maintained, provides the solid foundation your persuasiveness requires.

Doing things one thing at a time in such a fashion also gives you the appearance of being well organized. Jury studies have demonstrated that the lawyer who appears to be well organized impresses the jurors as being thorough and well prepared, and thereby increases his/her credibility, and by extension, his/her ability to persuade.

Be sure you take out whatever papers, files or other equipment you have with you to show others carefully, one at a time, put them in specific places on the table, attending carefully to what goes where. These are all behavioral expressions of the quality "well-organized". Neatness or tidiness are also stereotypically read as manifestations of "well-organized". Lawyers who somewhat frenetically search through a disorganized pile of papers are considered unprofessional. If you are not sure, for example, of where something is in your files, it is better to take a little longer to look for it in systemized fashion by going through one file at a time, deliberately, than to try to speed up the process by rifling through your files. You lose credibility in the process.

Doing things one thing at a time is a principle which is applied in more general fashion throughout a trial whenever a lawyer wants to convey mastery over a situation. Whenever you want to give an impression of authority, of competence, simply slow yourself down, and do things one thing at a time.

For example, in making a point regarding a piece of evidence, a lawyer will walk over to the evidence, stop, look at it, pick it up if appropriate, and only then look up at the jury/witness to say whatever it is they have to say. Apply the same technique, for example, in making a point about an item. Do one thing at a time: look over at the item, then pick it up or point to it, then look at the person you are addressing, and only then say whatever it is you want to say.

In asking an important question of a witness, for example, a trial lawyer will walk over to the witness , stop, look at the witness, and only then ask the question. The lawyer's unflustered approach conveys an attitude of self-assurance and authority (illustration #3). Apply the same principle when you have something important to say or ask of someone. Take the time to stop and look at the person before you speak or ask your question. You will appear confident and therefore credible.

It is said that Hemingway defined poise as "grace under pressure". The more hassled and harried you are in any given situation, and the less you let it show by trying to do 5 things at once, the less reactive you seem to be to the situation. The impression created is one of ability to cope in situations which would drive others mad, of not losing your control just because the situation is out of control.

What you are feeling inside is irrelevant to your perceived credibility. You may be feeling awful: panicked, scared, unsure. But people cannot crawl into your emotions and feel what is going on inside of you, and they will not find out unless you let your insecure feelings show. So if you do things one thing at a time, which projects self-assurance and being in charge, people will assume that is how you feel and who you are, regardless of your inner reality, and your credibility is thereby enhanced.

No one likes to be guided by a fool. When jurors observe an attorney who is trying to do 3 things at once - take notes, whisper to co-counsel, and ask a question of the witness all at the same time - they report having the distinct impression that this lawyer is ill-prepared, and the question becomes: "Does this lawyer know what s/he's doing? How can I rely on him/her to show me what's going on in this case, when s/he doesn't seem to know what to do right now - take notes, whisper, or question? Make up your mind!"

Whatever you focus on is automatically what those observing you will focus on. What you give importance to, by virtue of your attention, is what those listening to you will attend to. If you attend to 3 things at once, people get confused, and confused people are difficult to persuade.

Technique #8: Know when to be still

The second technique of appearing self-assured and in control is being still. When powerful people have something important to say, they start by holding perfectly still. Holding perfectly still is a great way of getting attention. It is also an important factor in the creation of focus. A soldier listening for the enemy doesn't move a muscle, his focus is completely on that not-yet-heard sound on which his very life depends. In a football game, no one moves until the ball has gone into play, then all heck breaks loose. Focus consists of keeping everything else still so you can give all your attention to what is going on in the present moment. Focus is what gives you the appearance of self-assurance.

Successful trial lawyers who must appear self-assured and in control if they are to win, have developed the art (naturally or otherwise) of standing and sitting perfectly still, not twitching or itching or anything else, when either saying something important, or listening to something important. More aptly stated, successful trial lawyers make it seem like they are listening to something important. You may be thinking of a thousand other things, but if you look like you are totally attentive, you will be effective.

Have you ever noticed how when you're talking to someone, and they're scribbling a note, drinking coffee, and tapping their feet under the desk/table all at the same time, that you hardly feel listened to? That person may indeed have been listening to you and be able to repeat the conversation verbatim, but you didn't perceive the person as listening to you, and "perceive" is the operative word here.

This principle, however, is not to be interpreted as: just don't move and people will think you're in control. No, not quite. Just don't move and people are likely to think there's something wrong with you. Being still works specifically in 2 instances:

1. you want to get other people's attention, for example, before you say something particularly important, or to be sure they heard something you deem important
2. you want to give an impression of complete and undivided attention; letting someone know by your stillness that they have your complete attention at that moment.

In both instances, the result is that you seem to be totally self-assured and in complete control of the situation.

CASE IN POINT

A successful lawyer when called to the bench will display utter self-assurance by simply walking up there, and being still. Judges have remarked that they are less than impressed when an attorney fidgets, scratches an earlobe, or other body parts. None of these actions conveys focus.

When you have something important to say or hear, be still. By your physical attitude you are quite literally sending the nonverbal message, "I am ready to hear whatever you have to say. It is the single most important thing in my life at this moment. I therefore give you my undiluted, undivided, complete attention." That's power. And it is respected as such.

Stillness is equally useful when you want to ask someone a particularly important question. When a trial lawyer, for example, gets ready to ask that one devastating question of the witness, s/he will first be completely still, and only then ask the question: "Did you kill your wife, Mr. Jones?" The lawyer's stillness alerts the jury to pay attention, something of importance is about to happen.

Although we did not witness the use of this technique much during the O.J. Simpson trial, frequently, trial lawyers will also use stillness in order to establish control of an unpleasant situation. If opposing counsel, for example, has just made a particularly inappropriate or inept remark, the lawyer disapproving of the remark will simply be still for a moment, thereby effectively signaling by his/her stillness to the jury that something of consequence has just happened, and only then proceed to make whatever comment is deemed appropriate.

CASE IN POINT

The following illustration is a classic example of a lawyer successfully taking control of an unpleasant situation:
An eminent trial lawyer, who happens to be Jewish, was cross-examining a witness. During the course of the cross-examination, the witness made a very noticeable anti-Semitic comment. Rather than say anything, the lawyer simply kept silent, stayed perfectly still, and allowed the jury to digest the full import of what had just happened. It worked. The lawyer did win his case, and post-trial interviews with the jurors revealed that the way the lawyer dealt with this unpleasant situation convinced the jurors of his integrity, and that the perception of the lawyer as having integrity significantly influenced their favorable evaluation of his case.
Should you find yourself in a similar circumstance, remember that silence often is louder than words, and the moment of silence you impose by being still can be truly compelling.

Technique #9: Develop direct and steady eye focus

Eye focus is tremendously powerful. With eye focus, we nonverbally tell people whether they are important or unimportant, to be respected or cast aside, to be valued or neglected. We are very susceptible to each other's eye focus: jurors frequently comment on lawyer and witness use of eye focus.

DON'T BELIEVE UNTIL YOU SEE THE WHITES OF THEIR EYES: THE O.J. SIMPSON TRIAL

Jurors in the O.J, Simpson criminal trial commented frequently on the lack of eye focus demonstrated by attorney and witnesses for the prosecution:

"He {Chris Darden} never could look you in the eye ... Because when I would look at him some days, his eyes would sort of look the other way. I have a problem with people who can't look me in the eye." (14)
"Vannatter {a key witness} never looked at the jury. Vannatter didn't do no looking. Vannatter always stared out straight ahead ... You're looking at all these people. You're waiting. You can watch their mannerisms, their expressions. You got eye-to-eye contact. You're waiting for them to tell you and look at you." (15) The ability of others to look us straight in the eye when speaking is highly correlated with perceived truthfulness.

When I work with witnesses, preparing them for trial, I spend a great deal of time helping them correct their eye focus so that their credibility will not be damaged.

When people are unsure of themselves, their eyes wander, the focus is unsteady. How many times were you told as a child, "Look at me when you talk to me!" An unsteady gaze is considered indicative of deception, lying or insincerity. It is crucial to your credibility that you be perceived as sincere. Good eye focus is associated with calm, sanity, forthrightness. In credible people, eye focus is direct, steady and level.

WHAT MADE OLIVER NORTH LOOK SO CANDID?

"The way North maintained eye contact also helped his cause. He did not avoid his questioners' gaze, and seldom relied on notes. While he might look at a document, he looked at the questioner when answering the questions. This strengthened the impression that he was being candid." (16)

But how do you do it? Witnesses when simply instructed to "maintain good eye focus" will often stare, which doesn't look right, or keep their eyes rigidly open. I have found that steady eye focus is most effectively achieved by a technique called the "fishhook". It is very difficult to look steadily into a person's eyes when you have 2 eyes to deal with; what usually ends up happening is a fixed stare. So rather than deal with 2 eyes, I suggest you only deal with one.

In order to do a "fishhook", send out your look just like a fisherman sends out a line, and "hook" the other person's diagonal eye with your look. In other words, look with your right eye at the person's right eye close to the bridge of the nose, not towards the temple, or with your left eye at the person's left eye (as in illustration #4, but of course, facing each other). When you get tired of looking at one eye, simply switch to the other. If you are doing this properly:

1. your look will be a gaze, not a stare, and therefore be respectful, not rude
   
2. it is much easier on you to maintain your gaze for long periods of time on one eye only
   
3. the other individual will have no idea that you are only looking at the one eye.
   

REMINDER

The "fishhook" may sound extremely artificial, and indeed, will take some practice before it feels natural, but remember, the only reason you are so comfortable with your present eye focus is that you've been using it for years and years. Any new behavior is going to feel foreign and artificial, especially one as personal as eye focus. Be patient, comfort will come in time.

Bear in mind that the purpose of the "fishhook" is to establish initial contact, or reestablish contact at important moments, it is not necessary to do it all the time. The discomfort the use of the "fishhook" may occasion when you first start using it is more than made up for by the rewards in terms the self-assurance and control it will enable you to project.

A trial lawyer has a particular challenge in terms of eye focus when addressing the whole jury. When I've debriefed jurors after a trial, they have often commented on how impressed they were when a lawyer looked directly at each of them while conducting his/her opening statement, and how uninvolved they felt when a lawyer failed to do so. Your ability to connect with eye focus when addressing a group is very important to group members' perception of you as a trustworthy individual.

When addressing a group, look first at one member of the group for a sentence or two, then at another for another couple of sentences, then focus on another member, and so on. Do not "pan" the group with your eyes, letting the eyes just sweep over the members, this does not establish contact, and it is vital that you connect with the group in order to establish your credibility.

Avoid a pattern of looking first at one group member, then at the person directly next to the first person you looked at, then at the person directly next to the second person, and so on down the line. This is very un-natural and feels "phony" to people. Instead, follow the example of successful trial lawyers, who allow their eyes to skip around and select jurors in different parts of the jury box, making sure to look specifically and directly at each member of the jury in turn. Each member of the group you are addressing is important, and must be made to feel verbally and nonverbally that s/he is of value. Your calm gaze at the different members of the group as you speak gives an unbeatable impression of self-assurance.

If looking at jurors is important, maintaining good eye focus when addressing the Judge is even more so! Successful trial lawyers know to first look at the Judge before speaking. When you address someone important to you, make sure your look actually connects with that individual before opening your mouth, even if it is only for a split second. This is a sign of respect.

Trial lawyers use eye focus differently for different purposes in questioning a witness. If a lawyer wants to put a witness on the spot, during cross-examination for example, an easy way to do that is to look steadily at the witness, refusing to let his/her gaze wander the whole time the lawyer asks the question, waits for the witness's answer, and then listens to that answer. The witness will literally feel skewered by such a steady look. If you wish to let someone know you are most definitely in charge and in control, use this approach.
If on the other hand, a lawyer is questioning a friendly witness, the lawyer might use an entirely different type of eye focus. The lawyer might start by looking directly at the witness during the actual question, then might look at the witness during some of his answer, but take his/her eyes off of the witness and look thoughtfully a little to the side and down, still attentively listening, during some other parts of the witness's answer. At the end of the witness's answer, however, the lawyer would make sure to look directly at the witness when s/he finishes. This is a more casual or interactive style; it allows the person you are questioning to relax, as it were, when your eyes are off him. The impression you create with this approach is one of attentive warmth, self-assurance combined with friendliness.

Observe, in your daily life, how people use eye focus, and what it feels like to you, when people look at you attentively, or fail to do so. Experiment with taking your eye focus on and off people, and observe their reactions. Observation is a great teacher.

3) Convey Respect

Technique #10: Get respect by giving it

Jury studies have shown, time and time again, that jurors have high regard both for the Court process and for the Judge. Successful trial lawyers enhance their credibility with the jurors by honoring that regard with unfailing respect and politeness.

A JUDGE SPEAKS UP: RESPECT TIPS THE SCALES

Given the high regard jurors have for the Judge, "It is beyond me", says Justice Patrick E. Higginbotham, "how, in the face of this reality, lawyers do other than treat judges with reverence in the presence of the jury. While I think that lawyers should be courteous to judges out of respect for the law, my point is the very practical one that you must do so to be successful." (17)

In studies and reports of how the great trial lawyers work, the words "polite" and "respectful" are repeatedly mentioned.

If you want people to respect you and what you have to say, be respectful of them. Be courteous at all times, whether your are in the situation where you are attempting to convince others, or outside of it. Good trial lawyers do not blow their credibility by being rude to the Courthouse cafeteria attendant or pushing past others to get into an elevator. Trial lawyers are aware of the jurors' silent observation of them at all times.

Being respectful and polite does not mean rolling over and playing dead, it means being ever mindful of others and treating them as you would like to be treated. It means being appropriate to the situation and to your objective. It's not a good idea to act out your negative feelings on people you are trying to persuade! If angered, don't blow up on the spot, respond with firm words, but wait until you're in a private place to vent your feelings. If you become annoyed, don't show it by tapping your pencil or rolling your eyes, hear the person through, acknowledge them and simply move on. People are not persuaded by rude, overbearing individuals. People are persuaded by competent, self-confident people. Being polite and respectful is a trademark of successful lawyers.

Communicate Your Credibility With The Attitude Lawyers Use To Win

Good trial lawyers don't just have credibility, they communicate it actively to the jurors with their attitude. It is that winning attitude which transforms the lawyer's credibility from an asset into a tool of persuasion. People are persuaded most easily by others who are "extroverted, involved, positive, and moderately relaxed". (18)

Technique #11: Focus Out Towards People

"Extroverted" does not, contrary to popular belief, mean ebullient or flamboyant. "Extroverted" means: "One whose attention and interest are directed chiefly towards other people and the external world rather than towards himself." (19) A trial lawyer must have a genuine liking of people, a willingness to go towards them, in order to succeed. Anyone who seeks to persuade others is in the "people business." As obvious as it may sound, people often ignore this very important factor to the detriment of their persuasive efforts.
You may say to yourself: " But I'm shy, it's hard for me to go towards others ." People who are shy are in fact preoccupied with what others will think of them: learning to go towards other people is often learning to switch your focus from what others think of you, to how you can help them. Trial lawyers who are by nature shy, will remind themselves of their competence as attorneys and what they have to offer others, to help them overcome their shyness. Remind yourself of your competence and what you have to offer to those you seek to convince; it will help you take your focus off yourself.

Technique #12: Be Dedicated and Committed

"Involved" means dedicated and committed to your cause.

CONVICTION IS CONVINCING: LT. COL. OLIVER NORTH AS A PRINCIPLED MAN

A participant in the chat line bulletin board commented on Lt. Col. North's attitude: "People love someone who seems to believe in what he is doing, who is a man of principle. It doesn't seem to matter what the principle is, as long as he holds to it against all odds, expresses himself clearly, does not get defensive, and sticks to his story." (20) In and of itself, conviction is convincing. People are inevitably more persuaded when you yourself are visibly involved in your cause.

You cannot remain distant. Good trial lawyers allow themselves to become intrigued, fascinated, wrapped up in their cases. Their passionate conviction is greatly appreciated by jurors and key to their success. Why should anyone be persuaded by you of the rightness of your cause if you are not already profoundly convinced of its merit? Be passionate in your dedication to your cause.

AN ACADEMY AWARD FOR LYLE MENENDEZ?

"All I can say is either that boy [Lyle] is the best actor I've ever seen in my life or he's telling the utter truth, because he's sticking to his story like glue. Either way, he held up extremely well under X-exam, in my opinion. He appears to be polite and humble, yet dignified. He brings every accusation successfully back to his version of the truth.." (21) Lyle's passionate conviction was very instrumental in swaying the jurors to his version of the facts.

Technique #13: Have a Positive Focus

"Positive" means you see the upside, look for the pluses, look for the way forward. Successful trial lawyers do not indulge in disappointment or disheartened feelings, they do not give up. Good trial lawyers always look for a way to turn even the most disastrous events to their advantage. They may not always succeed, but they will always be thinking in terms of and looking for a positive way out.

Jurors do not appreciate a negative or downbeat approach. Regardless of how a lawyer's case is going, jurors expect a lawyer to keep a positive attitude towards their cause.

LOOKING DOWN MAY KEEP YOU DOWN: HOW CHRIS DARDEN'S MOODINESS AFFECTED THE JURORS

"I thought all the attorneys were great in their own way. I really did. But I sort of felt that Chris {Darden} was a little down. Maybe he was playing down. I don't know. He did not have that upbeat mentality. I thought he was very moody." (22)

Certainly, you may feel disappointed and disheartened from time to time, just do not wallow in such feelings. Feel them and release them. Expect that you will be persuasive, and you are more likely to be persuasive.

Expectation of success is not to be confused with arrogance. Arrogance has no basis in fact. An arrogant person assumes s/he will be victorious just by virtue of being. Arrogant individuals make no efforts to support that conviction by dealing with reality. Good trial lawyers succeed not because they are overinflated with their existence, but because they strive to create a winning case with their facts, evidence, witnesses and arguments at all times, and keep working to make their expectation of victory real.

Technique #14: Be Moderately Relaxed

"Moderately relaxed" means you are comfortable with yourself and your cause, you are not overly anxious. You are relaxed, but not so relaxed that you are overly casual or asleep. A certain degree of tension is necessary in the maintenance of alert attention. A certain degree of relaxation reassures those you are trying to persuade that you know what you are doing. Too much relaxation makes them think you don't care.
Successful trial lawyers are at home with themselves, have come to terms and accepted themselves for who they are, and thus appear relaxed and comfortable. They are well prepared and confident of their skills, which further contributes to their relaxed appearance. Good trial lawyers are excited by the challenge of trial, and thus display good energy along with their relaxation. "Focused attention" is a good way of characterizing the energy state common to successful trial lawyers. As you come to terms with who you are, feel confident and prepared, excited about that which you want to persuade others of, your energy state will also be one of "focused attention."

Summary

In the first four minutes people see you, they form an initial lasting impression of you. Be in control of those first four minutes, use the trial lawyer's knowledge of stereotyping to your advantage. Be aware of how you want to be perceived, and do not confuse reality with the perception of reality. Credible presence is a combination of different factors which all create focus: doing things one thing at a time, being still, creating and maintaining good eye focus. A well-groomed appearance, and an attitude of respect and politeness towards those you seek to persuade reinforces that presence and underscores your professionalism. Communicate your credibility by being involved, positive, and focused. A winning first impression is crucial to your ability to persuade others to your point of view.