There are a multitude of reasons a case is won or an argument is believable, and while no one likes to admit it, one of the largest is the jury’s (and judge’s) perception of the attorney.
At our core – humans are irrational. We think in nuanced ways based on cultural preferences or historical lessons to make decisions that are not always (and some might say rarely) logical.
Understanding how you are viewed can be used for the case at hand and in your everyday actions. If you are perceived as unfriendly, although you consider it one of your strongest assets, you can start to dig into the cause. Is it your speech, lack of eye contact, or strict attire? How might you alter this perception to better match your truth? And taking it a step further, what psychological tactics might be employed to close the gap?
One such tactic is the Pratfall effect. This social psychological concept describes the tendency for your perceived appeal to change after you make a mistake. Studies show this is especially the case for highly competent individuals. Such individuals tend to become more likable after committing mistakes while average-seeming individuals tend to become less likable (Helmreich et al., 1970). It is not manipulation as much as it is showing you are human too.
This concept leans into the next action when it comes to making a change based on favorability – know your audience. The perception that you have something in common with a juror impacts their feelings towards you. Open and honest conversations with your trial team can lead to the right personality presenting the right material. Again, for scientific clarity – it is not actual common ground, but the perception of it that impacts the average person. Just like you were taught to see how someone treats a waiter to know their personality, jurors pick up on subtle clues to assess who you are as a person – Trustworthy? Credible? Sincere?
Likability is significantly related to the perceived trustworthiness and persuasiveness of expert witnesses among jurors (Brodsky et al., 2009; Younan & Martire, 2021). However, the jurors’ gender and levels of extroversion are important moderating factors in the perception of credibility and final decision outcomes. As expert likability increases, their level of perceived credibility tends to increase among females but remains unchanged among males. When looking at final decision outcomes (i.e., verdicts), higher levels of extroversion among males predicted agreement with the expert witnesses; however, this trend was reversed for females with higher levels of extroversion.
Understanding your juror team’s perceptions can be helpful when it comes to case order and witness sequencing. Your sincerest attorneys should take on the facts and figures, while your friendliest attorneys should speak to delicate witnesses or address uncomfortable topics.
Overall, likability significantly contributes to the perception of trustworthiness, persuasiveness, and credibility (particularly among females), of expert witnesses, however, levels of individual juror extroversion should be accounted for when shaping expert witness testimony.
Setting the stage early is important. In voir dire, jurors are making assessments at the individual and team levels. After all, human nature loves a good guy vs bad guy story. We coach individuals on how to portray active listening, demonstrate verbal and non-verbal clues, set the scene and sentiment through language, and support points with movement and gestures.
Ultimately, the analysis is fodder for consideration. We always suggest you be yourself; we simply work with teams to make sure your spot in the narrative lends to all the best traits and your actions, attire, and dialogue allow your true self to shine.
Reach out to learn more about how Intermark Legal conducts favorability analysis and compares to industry benchmarks.
References
Brodsky, S.L., Neal, T.M.S., Cramer, R.J., & Ziemke, M.H. (2009). Credibility in the courtroom: How likeable should an expert witness be? Journal of the American Academy of Psychiatry and the Law, 37, 525-532.
Helmreich, R., Aronson, E., & LeFan, J. (1970). To err is humanizing sometimes: Effects of self-esteem, competence, and a pratfall on interpersonal attraction. Journal of personality and social psychology, 16(2), 259.
Younan, M., & Martire, K. A. (2021). Likeability and Expert Persuasion: Dislikeability Reduces the Perceived Persuasiveness of Expert Evidence. Frontiers in psychology, 12, 785677.
