Have you ever wondered what you say to people without speaking? Do you know how to use body language to win in court?

Chapter:
00:00 – Introduction
00:36 – Use body language to be boring
02:22 – Win in court by engaging quietly
05:05 – Win in court by being proactive, not reactive

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70% of all communication is nonverbal, but most of my clients don't know how to use body language to their advantage.

Use body language to be boring

When it comes to courtroom attire, it's not good to stand out. In court, you want your story and facts to be the focus of the judge or jury's attention. If the judge or jury is focused on your clothing, then they aren't paying attention to your testimony or evidence. Here's how to use body language to avoid making statements you don't intend.

Wear boring colors and patterns

Bright, garish colors are strictly prohibited. Certain colors convey certain emotions. Red conveys anger and aggression. You don't want the judge or jury to associate those emotions with you and your testimony. Yellow is a happy color that conveys optimism. Very few people are happy and optimistic when they have to go to court, and you don't want to give that impression.

In court, you should wear dark blue or medium/light gray tones. These colors convey strength and wisdom.

Also, don't wear animal prints or crazy patterns. Don't wear leopard print to court unless you're Carole Baskin! You should only wear solid-colored shirts, suits, and blouses if you want to win with body language.

Wear boring jewelry

Flashy and expensive jewelry is a big no-no unless your case is based on you looking rich and not needing money. But let's be honest, if you go to court, there's probably no benefit to looking rich.

If you were injured in a car accident and sue the reckless driver, you can quickly get the judge/jury to not award you as much money by pretending that you don't need a lot of money.

On the other hand, if you are the reckless driver being sued, the last thing you want to do is give the impression that you have a lot of money left over. If that is the case, this is a quick way to ensure that the judge/jury will keep some of it to give to the injured driver.

By choosing simple stud earrings, solid wedding rings, or even no jewelry at all, you can use body language to your advantage.

Win in court by engaging quietly

In court, you are under a microscope. Your every move is closely watched, whether you are on the witness stand or simply sitting at the lawyer's table. You can use your body language to increase your credibility by staying involved in the process without being a distraction.

Take lots of notes

Imagine for a moment a plaintiff and a defendant in court. One sits staring at his water while the other watches the witness on the stand, taking notes on his yellow legal pad and going through his folder of exhibits. Did you know that most people think the less engaged party is more guilty and/or less truthful?

Think of a child, or perhaps your own children, who was caught lying or doing something they knew they shouldn't be doing. What did they look like? They looked at the floor in embarrassment, avoided eye contact, and generally didn't participate in the conversation. That's the body language you want to avoid.

The easiest way to stay alert is to take notes. Honestly, it doesn't matter what you write, just keep writing. My personal recommendation is to summarize the witness's statement in a few words. This will help you remember what was said later if you need to refer back to it.

But you don't have to limit yourself to writing down witness statements; you should also write down any questions you think your lawyer should ask. Before I finish with a witness, I always take a moment to lean over to my client and ask if there's anything I missed. That brings me to my next point.

Pass notes on to your lawyer

I can tell you from experience that it is impossible to listen to the witness answer and listen to the client's questions at the same time. Your lawyer must not only listen to the witness' answer, but also process that information and develop his or her next question.

Furthermore, if you try to talk to your lawyer, there is a very high chance that the judge/jury will overhear your conversation. Even if they don't overhear, the simple fact remains that the time you two spend talking is a point…

Music:
We Cruisin' – Otis McDonald
Music provided via YouTube Studio Audio Library

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