Courts are starting to come back. Zoom hearings and depositions have been occurring. How is the legal field changing?

From a cursory look down the Google rabbit hole, the answer seems to be “we don’t know.” Rules vary so much from state to state and county to county that it is impossible to create some sort of consensus. Masks in the courtroom will most likely be strongly recommended, if not required, by some to all courtroom attendees.

As a body language expert, I see how masks are changing behavior and how attorneys will need to adapt. There are body language signals you need to know. Both for how to read jurors, witnesses and judges, and the signals attorneys need to be persuasively effective.

• Show as much body language as you can.

Come out from behind podiums. It’s pretty simple. If we can’t see your face, we will look elsewhere for clues. Matching body language to verbal words is vitally important to be trusted and persuasive.

• Exaggerate your facial expressions.

Masks in the courtroom means it is not the time for subtlety! Without your mouth, others will rely on your eyes. When photos show the 7 universal facial expressions, it is always the whole face. You have to make sure your disgust, anger or surprise comes through your eyes.

• Learn to read shoulders.

Just as jurors won’t be able to read everyone in the courtroom as well, you won’t be able to read your jury as well either. The body posture in their chairs and how they are using their shoulders will become more important. Figuring out each juror’s baseline behavior will be key to noticing when they change with the information they are given during trial.

• Learn to read shoulders.

Just as jurors won’t be able to read everyone in the courtroom as well, you won’t be able to read your jury as well either. The body posture in their chairs and how they are using their shoulders will become more important. Figuring out each juror’s baseline behavior will be key to noticing when they change with the information they are given during trial.

Masks will also change how you verbally communicate.

• Word choice and craft of delivery takes on more importance.

Not only do you have to be more articulate to be understood, your inflection becomes more important. Emotion will have to come through the voice since it won’t be on your face.

• No sarcasm

Much of the way we recognize sarcasm is through facial expression. Masks in the courtroom will make sarcasm backfire if jurors take it the wrong way.

• More practice and memorization

All of the above means practice and memorization become crucial! Reading at a podium tilts your face down and your voice will be harder to hear. Eye expressions will be difficult to see. Memorize and record yourself presenting so you can play it back and hear where you need more articulation, vocal variety or emotion. Jurors are influenced by performance quality. A little extra preparation can reap huge rewards.

Finally, more depth on legal teams is a good safeguard. When anyone can go down or be in quarantine at any time, multiple attorneys should be at the ready to fill in. More attorneys at the table can mean more eyes on the jury too! Train your firm now for great courtroom presentation and how to read juries. The investment will serve long after the pandemic has subsided.

Moving Image has webinars and small group training available to improve your firm’s “new normal” body language on Zoom or with masks in the courtroom. Contact us now.