Maybe we should think about it. There we are all of us in a room. What are we doing? Are you out to win a case, fight for justice, give the opening you always pictured yourself making in a courtroom, rousing people to action in a stirring plea for justice? Is it as if you picture your trial as a fascinating movie for jurors and you to have the leading role? Do you want to entertain the jury with the belief that you can be as exciting as a Hollywood made for tv movie? Ego. It is real and impacts us all. Realize our failings and focus on being in the moment for jurors and the judge.
The mental vision we have of the trial will shape what we do and how we do it. We need to be tuned to them. Responsive to them. Not pretending to be nice or funny. They have other things to do. Get the job done. Save your client time and money. Are you thinking they are stupid, and you must dumb it down? That disrespect they feel. You have very smart people in a jury, some very educated, you cannot talk down to them. It seems ideal to connect to them while thinking about what they likely already know and facilitate and integrate that into your communication. What is the clearest way you can get them the information to decide? Ask that question over and over. Do not get lost in characters, personalities, perceptions of the makeup of jurors, or what they think. That is all lawyers chatting over minor things in my view. Make your facts clear. A goal easier said than done. Lawyers see their views as simple, it is what they have mastered in their heads over hundreds of hours but others? How do you know if it is simple to them? I believe almost every lawyer is satisfied that merely knowing the phrase “keep it simple stupid” is all the wisdom they need. But can they give you the case in 30 seconds? It likely takes a convoluted narrative to reach what in their mind is totally simplistic by their proclamation.
Be objective and listen to others especially your opposition and the judge. Create a relationship of understanding. Listen and be humble to all.
Listen to the jurors in voir dire, not pounce on them with argument. Listening is humble and creates an excellent relationship in a trial as it does in real life. In your opposition, you will hear what they do not understand or what you may have missed. With the juror, you will hear what is important to them and how they view things. Most of us are A-types and ego-driven. So, this is a goal and idea of perhaps a better way to try cases. Think about it. See what works for you. I am listening and would love to hear.