CHICAGO TRIAL ATTORNEY SUGGESTS YOU MANAGE THE JURY'S EXPECTATIONS
The international sensation, Susan Boyle, has re-taught us an age-old lesson that you cannot always judge a book by its cover. The Britain's Got Talent star appeared dowdy and awkward as she appeared on stage. The judges and audience around the world doubted her ability to sing based on her appearance. Ms. Boyle definitely blew everyone away when she started singing, "I Dreamed A Dream." Apparently, everyone's expectations of her were so low based on how she looked and you could see audience members at the show snickering at her. Trial lawyers should also take note of the lesson here on how a person's appearance affects others expectations of them. At trial, it is essential that you grasp the opportunity to manage the jury's expectations.
Like it or not, people do judge others based on their appearance. It is not always fair, but it is a fact. Keep this in mind when you are on trial. This principle applies to your own appearance, the appearance of the plaintiffs and defendants and the appearance of the jury.
My advice would be to make a good impression from the start because appearances do make an impression. That being said, it may be a good idea to explain, perhaps during your opening statement, any of your client's idiosyncrasies or behaviors if you think that the jury is judging him or her on that basis. Use the opportunities that you have before the jury to emphasize your client's positive attributes or the factors that are at issue in the case, such as your client's injuries.
With regard to jurors, keep in mind that you really should not judge them based on appearance alone, which is why effective voir dire is essential.
Susan Boyle's story reminded me of the story, "The Nightingale" by Hans Christian Anderson, in which the living bird who sang so beautifully, but was plain and dull, was replaced by a dazzling, artificial bird. At the end of the story, it was the dull-appearing nightingale who brought happiness to the Emperor. Hans Christian Anderson wrote: "The nightingale sang so sweetly that the tears came into the emperor's eyes, and then rolled down his cheeks, as her song became still more touching and went to every one's heart."
In addition to remembering that we personally should not judge others based only on appearances, the lesson here for a trial lawyer is that the jury is very likely judging you and your client at the outset of trial. Do not take the chance of waiting for your client to dazzle the jury during your direct examination of him or her. Keep in mind that the jury's expectations begin from day one during voir dire; therefore, make their impression of you and your client a good one.
