Adams & Diaco

Commanding Courtroom Presence Is Imperative For Litigation Success: Robert Adams, Adams & Diaco Partner, Explains Why

 

Robert Adams, Adams & Diaco law firm partner, knows from his experience as a trial lawyer that courtroom demeanor can make or break a case. Winning a case comes from more than just facts; it requires a commanding and confident presence designed to win over a jury. Successful litigators like Adams suggest this is one of the most important elements of effective litigation.

 

Oscar Michelen, a trial lawyer who manages the website Courtroom Strategy, agrees with Adams, arguing that courtroom presence is the “single most important facet to successful trial advocacy.” This doesn’t mean that you will win every case through your performance alone. The facts are always the driving factor, after all. But even when the facts are all against you, an authoritative and commanding presence will convey an argument most effectively.

 

Credibility is perhaps the first rule of a commanding courtroom presence. If you know the case better than your adversary, you’re at a distinct advantage, even if the facts weigh against you. When you consistently question statements or point out mistakes made by the opposing counsel, the jury will turn to you as the courtroom authority. This is simply a matter of adequate preparation and organization. Organization is an essential tenet to conveying credibility, and should never be overlooked. Keep track of your evidence with a notepad, iPad, or whatever method works best for you. This will help you relay a sense of authority.

 

Your physical appearance will also build up your authority. One of the first rules of effective courtroom presence is to dress appropriately. But make sure you are able to pull off the look you’re going for. Opt for strong, neutral-toned suits. If you only have a few suits, try mixing them up with different ties or scarves. This will make it seem like you are wearing a different suit each day. Don’t forget to check the mirror during breaks so you can make sure you are still put together.

 

According to trial lawyer Robert Adams, a commanding physical presence can go a long way. “I’m a big guy, almost 6’4”. I think that’s really where my courtroom presence comes from. I think people respect me because I can speak intelligently and because I’m a good lawyer, but I also don’t think the size hurts,” Adams explains. But he adds that physical presence can only go so far. “It bears mentioning that courtroom presence also comes from my level of preparation,” he explains.

 

If you aren’t blessed with a towering stature or imposing appearance, there are other methods you can use to convey dominance. Always maintain eye contact with the jury and project your voice without shouting. Maintain a strong expression without stammering, ensuring that your words are well-heard.

 

Proper etiquette and professionalism in the court room should never be discounted. In fact, professionalism is maintained as a standard of the criminal justice process, according to the American Bar Association, which dictates: "As an officer of the court, defense counsel should support the authority of the court and the dignity of the trial courtroom by strict adherence to codes of professionalism and by manifesting a professional attitude toward the judge, opposing counsel, witnesses, jurors, and others in the courtroom."

 

In line with this professionalism, attorneys should assist the court process and help the trial run more smoothly. For example, it’s helpful to provide copies of depositions and exhibits for your adversary. Arriving at court early and learning the court schedule in advance will help the process run as smoothly as possible. If you respect the court processes, the courtroom and jury will in turn show respect towards you.

 

A combination of a commanding presence and a measure of humility seems to be the perfect formula for some of the most successful litigators. This was the case for Austin Cooper, a criminal defense attorney whose death in 2013 inspired reflection on his excellent courtroom presence. According to a Globe and Mail article on the man, his 60-year career, dedicated to “integrity, professionalism and humility” made Cooper renowned among his peers.

 

Lawyer Brian Greenspan claims that Cooper had a “commanding presence… and yet he was a very gentle man. There was a sense of sincerity and humility that made him very effective in the courtroom.”

 

Perhaps confidence without arrogance is the most important rule for being a successful trial lawyer, as Robert Adams, Adams & Diaco partner, contends. Everything the jury knows about the case comes from what they hear in the courtroom, so relaying your message with self-assurance is imperative.

 

For some, a commanding court room presence comes naturally. For others, it must be learned through observation and practice. Regardless of how you get there, the perfect balance of professionalism, humility, and aggression can be a challenge. The key is to be prepared and build confidence in your own knowledge and argument. As Robert Adams advises, if you follow these steps and maintain a commanding demeanor, you will be able to effectively sway any jury.

 

Carly Fiske contributed to this article.